Kerala High Court
Bindu K K vs Kerala State Road Transport ... on 28 January, 2021
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 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.23497 OF 2014(S)
PETITIONERS:
1 BINDU K K
W/O.ROY V.V., VALIYAPARAMBIL HOUSE, PUTHUVYPE,
PUTHUVYPE P.O., Light House ROAD, VYPIN ISLAND,
ERNAKULAM DISTRICT, PIN - 682 508.
2 SEBASTIAN T.S.
S/O.STEPHAN, THENGAPURACKAL HOUSE, PUTHUVYPE,
PUTHUVYPE P.O., Light House ROAD, VYPIN ISLAND,
ERNAKULAM DISTRICT, PIN - 682 508.
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 001.
2 DEPUTY TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
ERNAKULAM - 682 016.
3 REGIONAL TRANSPORT AUTHORITY (R.T.A)
REPRESENTED BY ITS SECRETARY, CIVIL STATION,
KAKKANAD, COCHIN - 682 030.
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
TRANSPORT (B) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
R1 TO R3 BY SRI.P.C.CHACKO, STANDING COUNSEL, KERALA
STATE ROAD TRANSPORT CORPN.
R4 BY SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-
2021, THE COURT ON 28-01-2021 DELIVERED THE FOLLOWING:
WP(C).No.23497 OF 2014(S) 2
JUDGMENT
Dated this the 28th day of January 2021
SHAJI P.CHALY,J
This is a Public Interest Writ Petition filed by two residents of Vypeen
Island seeking a writ of mandamus to the Kerala State Road Transport
Corporation (KSRTC), Thiruvananthapuram and Deputy Transport Officer, KSRTC,
Ernakulam, to restore the trips of buses that were conducting services through
the Light House junction in Puthuvype village, Vypeen Island; direct the KSRTC,
Thiruvananthapuram to instruct the 2 nd respondent to run KSRTC buses in
Vypeen Island; direct the Regional Transport Authority, Civil Station, Kakkanad,
Kochi, to grant necessary permits to the KSRTC to run buses through Light
House junction in Vypeen Island and to run sufficient number of KSRTC buses
between 8 p.m. and 6 a.m. through Vypeen Island, and seeking other related
reliefs.
2. At the outset it is stated that the counsel for the petitioners Sri.Basil
Attipetti is no more and though directions were issued as early as on 11 th March,
2019 to inform the petitioners, no steps are seen taken to do so. Bearing in
mind the public interest involved in the matter, on 25.1.2021, we directed the
respondents 1 and 2 to file a counter affidavit and accordingly, when
the matter is taken up, a counter affidavit is placed before us.
3. Basic material facts discernible from the writ petition are as follows;
Though Vypeen Island is a very near place to the Kochi city and is one of
the most thickly populated area having the large density of population,
sufficient services were not provided by the KSRTC for the convenient
commutation of the residents of the island. Anyhow after prolonged demands
and agitations, KSRTC started bus services through Vypeen island via
Puthuvype Light House area evident from Exts.P1 photograph and P2 public
notice issued in regard to inauguration of a service, which according to the
petitioners, was a great relief to the residents of Vypeen as well as Light House
area. But KSRTC without assigning any reason, abruptly stopped the KSRTC
buses through the Light House area ,which is causing serious prejudice and
difficulties to the people residing in the Light House area.
4. It is significantly pointed out that it has materially affected women
passengers and students to reach Ernakulam and other parts of the city for
their studies and work. Again it has been pointed out that even though buses
are introduced by the KSRTC through Vypeen island, it has not cared to extend
the same to Light House junction and consequent to which, the residents of
that area have to cover a distance of 2.5 kms. by foot in order to reach the
main junction to catch the buses. So also the service introduced by the KSRTC
and stopped later, was from 6 a.m. onwards which was a great relief to the
people generally and especially to women workers, who were depending on the
Kochi city. Petitioners have also produced certain paper reports in regard to the
difficulties faced by the public of the Light House junction in order to
substantiate their contentions. In the above backdrop it is predominantly
submitted that the KSRTC has a duty and obligation to ensure transportation of
the passengers to their convenience and advantage.
6. The 1st respondent, represented by the Deputy Law Officer, has filed a
detailed counter affidavit denying the allegations made against them that
sufficient services are provided by it through Vypeen Island. It has produced a
list of services plying through Vypeen Island to various destinations touching
the Kochi city and we find that they are 123 in numbers. It is also evident that
the service starts from various destinations even at 4.55 a.m. and passes
through the Island at material points of time so as to cater the needs of the
travelling public of the Island.
7. Anyhow it is admitted by the KSRTC that no services are extended to
the Light House junction since the service started by the KSRTC touching the
Light House junction was found to be not feasible due to dearth of passengers.
That apart it is stated that there is only a distance of 2 kms. from the Light
House junction to Kalamukku junction through which all the services are being
conducted and therefore, it cannot be said that the KSRTC is not providing
adequate services. Anyhow it is pointed out that due to lack of
passengers during the pandemic COVID -19 period, KSRTC has reduced the
number of services, which was restored to a large extent after 19.5.2020. That
apart it is submitted that KSRTC has started a service viz., 'bond service' from
Paravur to High Court Junction through Vypeen Island for the benefit of the
staff of Advocate General's office etc., which has benefited to a lot of
passengers, apart from other beneficial services. Therefore, according to
KSRTC, already sufficient number of services are provided to protect the
interests of the residents of Vypeen area.
8. We have perused the pleadings and materials on record and heard
Sri.P.C.Chacko, learned Standing Counsel for KSRTC.
9. The details of services provided by the KSRTC along with its counter
affidavit would make it explicit that KSRTC has provided sufficient services to
various destinations through Vypeen Island, which is numbering about 123.
Therefore, it cannot be said that sufficient services are not available in order to
satisfy the requirements of the people of Vypeen Island. It is also clear from
the schedule that the services are being operated from various destinations
even at 4.55 a.m., in order to ensure that the passengers commuting are
reaching the destinations to suit their convenience.
10. However, it is an admitted fact that even though a service was
started by the KSRTC from Light House junction - Puthuvypu, later it was
stopped due to dearth of passengers. It is also an admitted fact that the buses
are passing through Kalamukku Junction, which is approximately 2 Kms. away
from the Light House junction. But we find that sufficient materials are not on
record to show the number of passengers from Light House junction in order to
enable us to issue any positive directions to KSRTC to make available any
service from the said junction. However, fact remains, services are started by
the KSRTC taking into account the requirements of the public in order to
protect their well being and interests, which is often carried out by conducting
due enquiries. We presume that when the KSRTC started one service from
Light House junction, it must have procured necessary details enabling it to
finalise the schedule, the cost feasibility etc. Anyhow there are no records
before us to think that the service was stopped due to any other reason other
than non-availability of sufficient passengers to make the service at least break
even. But we are of the view that the service from Light House junction was
stopped by the KSRTC several years back and Vypeen Island being in close
proximitywith Kochi city, and due to its natural beauty, many people must have
put up their residence in that area also.
In the light of the above, and bearing in mind the duty and obligation of
the State owned corporation to protect the interests of the people, we dispose
of the writ petition directing the 2 nd respondent i.e., the Deputy Transport
Officer, KSRTC, Ernakulam, to conduct a field survey in regard to operation of a
service from Light House junction at least during peak hours of the day so as to
cater to the needs of the people residing in that area also, at the earliest and at
any rate within a month from the date of receipt of a copy of this judgement
and the parties would be guided by the decision taken accordingly.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 EXHIBIT P1. PHOTOGRAPH SHOWING THE
INAUGURATION AND WELCOMING TO K.S.R.T.C.
BUSES ON 19.07.2013 BY THE PRESENT MLA AND
THE PEOPLE OF PUTHUVYPE.
EXHIBIT P2 EXHIBIT P2. TRUE COPY OF NOTICE ISSUED BY
THE PASSENGERS ON THE OCCASION OF THE
INAUGURATION OF THE PLAYING OF K.S.R.T.C.
BUS THROUGH Light House JUNCTION AT
PUTHUVYPE NEAR THE SEASHORE DATED
15.07.2013.
EXHIBIT P3 EXHIBIT P2(A). TRUE ENGLISH TRANSLATION OF
EXHIBIT P2.
EXHIBIT P4 EXHIBIT P3. TRUE COPY OF REPRESENTATION
DATED 15.07.2014 SUBMITTED BY THE
PETITIONERS.
EXHIBIT P5 EXHIBIT P3(A). TRUE ENGLISH TRANSLATION OF
EXHIBIT P3.
EXHIBIT P6 EXHIBIT P4. TRUE COPY OF PAPER REPORT
APPEARED IN THE HINDU DAILY DATED FEBRUARY
6, 2011.
EXHIBIT P7 EXHIBIT P5. TRUE COPY OF JUDGMENT IN
W.P.(C)NO.6315/2011 DATED 22.03.2011 OF
THIS HON'BLE COURT.
