Kerala High Court
Mohammed Jauhar Ali vs District Collector on 26 August, 2021
W.P.(C).No.3277 of 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 3277 OF 2018
PETITIONER:
MOHAMMED JAUHAR ALI
45 YEARS OF AGE,S/O. ABDULKADER HAJI (LATE),
THORAPPA HOUSE,HAJIYAR PALLY.P.O.MALAPPURAM
DISTRICT- 676 519
BY ADV SRI.SHIRAZ ABDULLA
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE,MALAPPURAM.
2 MALAPPURAM MUNICIPALITY
REP. BY ITS CHAIRPERSON,MUNICIPAL
OFFICE,MALAPPURAM- 676 505
3 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, MALAPPURAM- 676 001
4 THE STATION HOUSE OFFICER
MALAPPURAM POLICE STATION (TRAFFIC UNIT)
MALAPPURAM- 676 001.
ADDL.R5 BUS OWNERS' ASSOCIATION
MALAPPURAM MUNCIPALITY, REP. BY OFFICE BEARER -
RAFEEQ C.K., CHALATHIL KALLADI THODI, MUTTIPADI,
MELMURI, MALAPPURAM, PIN - 676 517.
ADDL.R5 IS IMPLEADED AS PER ORDER DATED 10.4.2018
IN I.A.NO.6236/18
W.P.(C). No.3277 of 2018 :2:
ADDL.R6 THE GENERAL SECRETARY
ALL KERALA BUS OPERATORS ORGANIZATION,
MALAPPURAM.
ADDL.R6 IS IMPLEADED AS PER ORDER DATED 14.6.2018
IN I.A.NO.9488/18
ADDL.R7 MALAPPURAM DISTRICT PRIVATE BUS OPERATORS'
ASSOCIATION,REGN. NO.TCR-609/1993, REPRESENTED BY
ITS GENERAL SECRETARY, HAMZA ERIKUNNAN, CALICUT
ROAD, MANJERI - 676 121, MALAPPURAM DISTRICT.
ADDL.R7 IS IMPLEADED AS PER ORDER DATED 26TH
AUGUST, 2021 IN I.A.NO.3/2018.
BY ADVS.
SRI.TEK CHAND, SENIOR GOVERNMENT PLEADER FOR R1,
R3 & R4
SRI.K.V.GOPINATHAN NAIR FOR R5 & R6
SRI.E.S.M.KABEER, STANDING COUNSEL FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C). No.3277 of 2018 :3:
JUDGMENT
Dated this the 26th day of August, 2021
S. MANIKUMAR,CJ.
Instant Public Interest writ petition is filed for the following reliefs:
i) issue a writ of mandamus or any other appropriate writ, order or
direction, directing the 2nd respondent to take effective actions to make
the newly constructed Municipal bus stand at Malappuram fully
functional, forth with.
ii. issue a writ of mandamus or any other appropriate writ, order or
direction, commanding the 3rd and 4th respondents to take necessary
actions so as to compel the buses plying through Malappuram to enter
into the new Municipal bus stand at Malappuram.
Iii. issue a writ of mandamus or any other appropriate writ, order or
direction to the 4th respondent to deploy adequate Officers, to ensure
that buses plying in the area are entering the Municipal bus stand at
Malappuram, without fail.
iv. issue a writ of mandamus or any other appropriate writ, order or
direction to the respondents, to take strict actions against the bus
owners/bus employees refusing to enter into the new Municipal bus
stand at Malappuram.
2. Short fact leading to the writ petition are as follows;
3. Petitioner, claims to be a public spirited individual, representing
the interest of the bus commuters in particular and the public at large at
Malappuram in general. The District Collector, Malappuram -
respondent No.1, has completed the construction and inaugurated a
new Municipal bus stand at Malappuram on 27.05.2017. According to
the petitioner, construction of the new Municipal bus stand at
Malappuram was carried out by spending huge amount of money from
the public exchequer, so as to give benefit to the general public,
in particular, to the bus commuters of Malappuram.
4. It is submitted by the petitioner that though elaborate
arrangements have been made in the new Municipal bus stand for the
bus employees, commuters and traders, due to the highhandedness of
the bus owners and employees, buses plying through the area are not
entering into the new bus stand, without any valid reason. According
to him, this illegal act of the bus employees and the bus owners,
presumably with the connivance of the respondents, are causing untold
miseries and hardship to the public at Malappuram. Highlighting these
grievances, Exhibit P3 representation dated 2.6.2017 has been
submitted to respondent No.3 - the Regional Transport Officer,
Regional Transport Office, Malappuram, but no positive action is taken.
Hence the instant public interest writ petition is filed.
5. Material on record discloses that as per Exhibit P2 minutes of
the Traffic Regulation Committee convened on 22.5.17, the following
has been recorded:
"Decisions:
1. Instructions have been given to PWD, NH officers to install sign
boards on roads leading to the Municipality and in all important
junctions also to indicate main offices.
2. The Hon'ble Minister of Finance Sri.Thomas Isaac will inaugurate
the Bus Stand on 27.5.2017 at 9 a.m. After the inauguration, Police
has been instructed to take steps for all buses entry and exit in the
Bus Stand. It has been decided to make arrangements to get the land
located in front of the Police Station. Authorities have been directed to
repair the signal lights within the jurisdiction of the Municipality. Also
decided to convene a meeting regarding the parking problems faced
by Autoriskhaws.
PWD authorities have been directed to take steps to acquire
some land in Kottappady at the starting point towards Cherattukuzhi."
6. It is the grievance of the writ petitioner that though
Malappuram bus stand has been constructed by spending public money,
bus operators do not enter into the said bus stand enabling the
commuters to avail the transport facility. Thus, in the above said
circumstances, the reliefs have been sought for.
7. Material on record also discloses that on the directions of this
Court to implead the bus owners association, writ petitioners have filed
I.A.No.6236/2018 to implead the above party as an additional
respondent in the writ petition and vide order dated 10.4.2018, I.A
No.6236/2018 has been ordered.
8. The Secretary, All Kerala Bus Operators Organization,
Malappuram Unit Committee, has filed I.A.No.9488/2018 to implead the
organisation as an additional respondent in the writ petition. At
paragraphs 3 & 4 of the affidavit filed in support of I.A.No.9488/2018,
Secretary of the All Kerala Bus Operator Organisation - Malappuram Unit
Committee has stated thus:
"3. It is respectfully submitted that the writ petition itself is filed
without any merits and bonafides. Services which are proceeding from
Kozhikode and Kottakkal side reaches Kottapady and then reaches
Police Station Junction. From there, in order to reach uphill, there are
two ways. One through the new bus stand and the other is the straight
road. The Police Station Junction is the most congested area and there
were accidents invariably. Hence there were meetings of the Regional
Transport Authorities with the Municipal Authorities, Police Authorities
and others and it was decided that all services proceeding from uphill
to Police Station junction shall operate entering the bus stand. While
they return, from Police Station Junction, they shall proceed through
the straight road in order to avoid traffic Block and for stage carriages
the said portion is declared as one-way also. It is also noted and
convinced by the authorities that it is not feasible for heavy vehicles at
Police Station Junction to turn and enter bus stand Road. Therefore the
present system is maintained by the authorities for free flow of traffic
as well as considering safety of the public and to avoid accidents.
4. The petitioner is motivating his business interest alone
ignoring public safety and public convenience. The prayer in the writ
petition is totally unsustainable and against pubic interest."
9. The said application has been ordered on 14.6.2018. Material
on record further discloses that I.A.No.3 of 2018 has been filed by
Malappuram District Private Bus Operators' Association, Manjeri,
to implead the association as an additional respondent in the writ
petition. At paragraphs 3 & 4 of the affidavit filed in support of I.A.No.3
of 2018, the General Secretary of the above said association has averred
thus:
"3. In this connection, it is submitted that, the Regional Transport
Authority, Malappuram has not so far approved the functioning of the
Municipal bus stand at Malappuram. As per the decision of the Regional
Transport Authority, Malappuram vide item No.194 dated 29.09.2015, it
was decided that, while deciding the traffic regulations, the respective
committee should make available all its members, the representatives
of KSRTC and all aggrieved parties and shall reach a consensus
proposal and get the approval of the Regional Transport Authority
before implementing any traffic system. The petitioner association has
already submitted a request before the Chairperson of the Traffic
Regulatory Committee pointing out the above aspects. It is submitted
that, since the Regional Transport Authority has not granted the
approval of the Municipal bus stand, the prayers in the writ petition is
premature.
4. It is submitted that, the petitioner association is a necessary
party in the above writ petition (Civil) and petitioner association may be
heard in all respects."
10. We are satisfied with the reasons assigned for impleading the
above party respondent. Accordingly, I.A.No.3/2018 is allowed.
11. On instructions, Mr.E.S.M.Kabeer, learned Standing Counsel
for the Malappuram Municipality, submitted that sufficient
arrangements have been made for the entry of buses into the
Municipal bus stand at Malappuram. Police assistance has also been
sought for, however, buses are operated under the permit conditions
of the Regional Transport Authority, Malappuram.
12. Mr.Tek Chand, learned Senior Government Pleader, submitted
that earlier, near Malappuram bus stand there was difference in gradient
and that there was no sufficient space for the buses to turn and enter
into the bus stand and the said difficulty has been cleared. He further
added that as per rule 344 of the Motor Vehicle Rules, before
construction of the bus stand, the local authority ought to have
consulted the Regional Transport Authority, which in the case on hand,
had not been done.
13. Be that as it may, when the bus stand is constructed, all the
buses where permit is granted from Manjeri to Palakkad and other
destinations, have to operate as per the permit conditions, and when the
newly constructed bus stand appears to be an intermediary point
between various destinations, they have to enter into the bus stand in
accordance with the permit conditions, provisions of the Motor Vehicles
Act & Rules and have to satisfy the requirement of the Municipality and
the law governing the field. Construction of the bus stand is to facilitate
the commuters for transportation to various destinations, but at the same
time, permit conditions have to be strictly followed.
14. Malappuram Municipality, respondent No.2, Regional Transport
Officer - Respondent No.3 and all the impleaded parties, should comply
with the directions in accordance with the statutory provisions and
permit conditions
With the above observations and directions, instant writ petition is
disposed of.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
smv JUDGE.
APPENDIX OF WP(C) 3277/2018
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE MINUTES OF THE MEETING OF
THE 2ND RESPONDENT
EXHIBIT P2 COPY OF THE MINUTES OF THE MEETING
BETWEEN THE BUS OWNERS AND THE 2ND
RESPONDENT
EXHIBIT P3 COPY OF THE REPRESENTATION SUBMITTED TO
THE 3RD RESPONDENT
EXHIBIT P4 COPY OF THE COMMUNICATION ISSUED BY THE
2ND RESPONDENT TO THE 4TH RESPONDENT
EXHIBIT P5 COPY OF THE APPLICATION UNDER RTI ACT BY
THE PETITIONER TO THE 4TH RESPONDENT
EXHIBIT P5(A) COPY OF THE REPLY GIVEN TO THE
PETITIONER BY THE 4TH RESPONDENT
