Kerala High Court
Vatakara Private Bus Operators ... vs District Collector on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 5035 OF 2019
PETITIONERS:
1 VATAKARA PRIVATE BUS OPERATORS' ASSOCIATION,
DISTRICT UNIT, VATAKARA,
REPRESENTED BY PRESIDENT,
K.K.GOPALAN NAMBIAR, AGED 72 YEARS,
S/O.CHANDUKURUP, KOLLOTH KANDIYIL HOUSE,
P.O.VAIKKILASSERY, VATAKARA.
2 T.M.DAMODARAN,
AGED 74 YEARS,
S/O.KANARAN, GENERAL SECRETARY,
VATAKARA PRIVATE BUS OPERATORS' ASSOCIATION,
DISTRICT UNIT, VATAKARA.
BY ADVS.
SRI.M.RAMESH CHANDER (SR.)
SRI.BALU TOM
SMT.K.A.SANJEETHA
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE,
KOZHIKODE-673001.
2 SUPERINTENDENT OF POLICE,
KOZHIKODE (RURAL),
CAMP OFFICE, VATAKARA-673101.
3 SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
VATAKARA-673101.
4 VATAKARA MUNICIPALITY,
MUNICIPAL OFFICE, VATAKARA-673101,
REPRESENTED BY ITS SECRETARY.
5 MUNICIPAL CHAIRMAN,
VATAKARA MUNICIPALITY,
MUNICIPAL OFFICE, VATAKARA-673101.
WP(C).No.5035/2019
2
6 DEPUTY SUPERINTENDENT OF POLICE,
VATAKARA-673101.
7 REGIONAL TRANSPORT OFFICER,
VATAKARA-673101.
8 TRAFFIC REGULATORY COMMITTEE,
VATAKARA MUNICIPALITY,
VATAKARA-673 101,
REPRESENTED BY ITS CHAIRMAN
BY ADVS.
SRI.T.NAVEEN, SC, VATAKARA MUNICIPALITY
SRI.SYAMANTHAK B.S, GOVERNMENT PLEADER,
SRI.ABHISHEK V.S(APPEARS FOR MUNICIPALITY)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5035/2019
3
JUDGMENT
Dated this the 6th day of October, 2021
The two petitioners, Vatakara Private Bus
Operators' Association, which is an association of owners of
Stage Carriages running in Vatakara Municipality and its
General Secretary have approached this Court seeking to
direct the Municipality not to enforce the regulation that the
buses with valid permit cannot park at Kottapuram Bus
Stand, Vatakara.
2. The petitioners submit that there are 32 Bus
Operators now plying Stage Carriages through the
Kottapuram Bus Stand. The buses were permitted to park in
the Kottapuram Bus Stand in Vatakara Municipality earlier.
WP(C).No.5035/2019
There were parallel services run by autorickshaws and
taxies. The petitioners filed W.P.(C) No.33699 of 2017
challenging the operation of parallel services. This Court
disposed of the said writ petition as per Ext.P1 judgment on
25.05.2018 directing the respondents to implement Ext.P7
decision therein. The respondents were further directed that
if any complaint with regard to further operations of
unauthorised parallel services are made by the petitioners,
the respondents can take appropriate action in accordance
with law.
3. The petitioners would submit that subsequent to
Ext.P1 judgment, the authorities directed the buses to park
on the Link Road. And parking in the Bus Stand was
prohibited. On enquiry, the petitioners learnt that Ext.P16
decision was taken by the 8th respondent-Traffic Regulatory
Committee on 22.01.2019, stopping the parking of buses at
Kottapuram Bus Stand and directing that the Stage Carriages
WP(C).No.5035/2019
be parked on the Link Road bus stop. After starting the
service from Link Road bus stop, the Stage Carriages were
to enter the Bus Stand and wait there for 5 minutes for
dropping and boarding the passengers.
4. The petitioners submit that the decision contained
in Ext.P16 has created huge traffic issues in the area and
various mainstream newspapers have reported the traffic
congestion created in the City pursuant to the decision taken
as per Ext.P16. The petitioners have produced Exts.P2, P3,
P4, P12, P13 and P14. The petitioners submit that the Link
Road where at present the Stage Carriages are directed to
park, does not have any basic amenities for the primary
needs of the passengers. Furthermore, parking of buses at
the Link Road creates huge traffic congestion on the said
road.
5. In view of the problems created by the Ext.P16
decision of the Traffic Regulatory Committee, it is high time
WP(C).No.5035/2019
that the authorities reconsider the matter and shift the
parking to the Kottapuram Bus Stand, which was constructed
for the very purpose.
6. The 7th respondent filed a statement in the writ
petition. The 7th respondent submitted that parking of
vehicles in the Kottapuram Bus Stand created traffic
problems and it was thereupon, based on the inputs received
from various quarters, that the Traffic Regulatory Committee
took the decision contained in Ext.P16. The decision was
implemented on 01.01.2019. There were wide protests from
the commuters' associations against the new traffic
regulation and hence another meeting was conducted in
Collector's Chamber on 14.01.2019.
7. In the said meeting it was decided that the
ordinary buses coming from Koyilandy side are to allow the
passenger to embark at Link Road and alight there. The
revised Traffic Regulatory Committee decision was
WP(C).No.5035/2019
implemented with effect from 15.01.2019. Subsequently yet
another meeting was held on 22.01.2019, in which the Traffic
Regulatory Committee decided that enough toilet facilities
and shelters should be provided in order to ease the
difficulties faced by the general public. It was also reported
that the new traffic system has resulted in more convenience
to the general public.
8. The Standing Counsel for the respondents 4 and 5
submitted that Ext.P16 decision was taken by the Traffic
Regulatory Committee on the basis of larger interest of
passengers and general public. The said decision has
yielded positive results in as much as the traffic congestion
near Kottapuram Bus Stand area has lessened to a
considerable extent.
9. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing the
respondents 1 to 3 and 6 to 8 and the learned Standing
WP(C).No.5035/2019
Counsel for the respondents 4 and 5.
10. The contention of the petitioners is that a full
fledged Bus Stand is existing in Vatakara Municipality known
as Kottapuram Bus Stand, having all facilities including toilets
and urinals for the traveling public. According to the
petitioners, when the buses were permitted to park in
Kottapuram Bus Stand traffic, issues were less. On the other
hand the learned Government Pleader representing the
respondents would submit that the implementation of the
decision taken as per Ext.P16 has resulted in positive results
and has reduced traffic congestion considerably. The fact
whether the decision of the Traffic Regulatory Committee
has reduced traffic problems or has increased it, is a disputed
question of fact which this Court cannot adjudicate.
11. However, fact remains that there exists a full
fledged constructed Bus Stand at Kottapuram and facilities at
Link Road where the buses are directed to be parked, are
WP(C).No.5035/2019
little. The learned counsel for the petitioners, based on the
newspaper reports at Exts.P2, P3, P4, P12, P13 and P14
pointed out that there is considerable protest among the
public also when this decision was implemented.
12. Now more than 30 months have lapsed since
Ext.P16 was implemented. The petitioners urged that traffic
issues will be lesser, if buses are permitted to park in
Kottapuram Bus Stand. This Court is of the opinion that the
request so made by the petitioners need consideration. The
Traffic Regulatory Committee can take into account the
experience gained on the implementation of Ext.P16 decision
while considering the request of the petitioners. Needless to
say that any decision of the Traffic Regulatory Committee
should be taking into consideration the larger interest of the
commuting passengers.
The writ petition is therefore disposed of permitting
the petitioners to raise their grievances before the 8 th
WP(C).No.5035/2019
respondent-Traffic Regulatory Committee. The Traffic
Regulatory Committee should consider the representation so
submitted by the petitioners, after giving an opportunity of
hearing to the petitioners and also taking into account the
experience gained on implementation of Ext.P16. If the
petitioners submit a representation within a period of one
month from today, the Traffic Regulatory Committee shall
consider the same and take appropriate decision in
accordance with law withing a further period of 3 months.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.5035/2019
APPENDIX OF WP(C) 5035/2019
PETITIONERS' EXHIBITS:
EXHIBIT P1 PHOTOSTAT COPY OF THE JUDGMENT IN WPC
33699/17 DATED 25.05.2018.
EXHIBIT P2 PHOTOSTAT COPY OF THE NEWS REPORT
WHICH CAME IN MATHRUBHUMI DATED
16.01.2019.
EXHIBIT P3 PHOTOSTAT COPY OF THE PRESS REPORT
WHICH CAME IN THE MALAYALA MANORAMA
DATED 17.01.2019.
EXHIBIT P4 PHOTOSTAT COPY OF THE NEWS ITEM WHICH
CAME IN MATHRUBHUMI DATED 17.01.2019.
EXHIBIT P5 PHOTOSTAT COPY OF THE COMPLAINT TO THE
MUNICIPAL CHAIRMAN DATED 17.01.2019.
EXHIBIT P6 PHOTOSTAT COPY OF THE COMPLAINT TO THE
MUNICIPAL CHAIRMAN DATED 28.01.2019.
EXHIBIT P7 PHOTOSTAT COPY OF THE COMPLAINT TO THE
R.T.O., VATAKARA DATED 19.01.2019.
EXHIBIT P8 PHOTOSTAT COPY OF THE COMPLAINT TO THE
SECRETARY, R.T.A., VATAKARA DATED
28.01.20119.
EXHIBIT P9 PHOTOSTAT COPY OF THE COMPLAINT TO THE
DEPUTY SUPERINTENDENT OF POLICE,
VATAKARA, DATED 19.01.2019.
EXHIBIT P10 PHOTOSTAT COPY OF THE PARTICULARS OF
INFORMATION.
EXHIBIT P11 PHOTOSTAT COPY OF THE REPLY DATED
11.03.2019
EXHIBIT P12 PHOTOSTAT COPY OF THE NEWSPAPER REPORT
CAME IN MALAYALA MANORAMA DAILY DATED
26.07.2019.
EXHIBIT P13 PHOTOSTAT COPY OF THE NEWSPAPER REPORT
CAME IN MATHRUBHUMI DAILY DATED
26.07.2019.
EXHIBIT P14 PHOTOSTAT COPY OF THE NEWSPAPER REPORT
CAME IN MALAYALA MANORAMA DATED
27.07.2019.
WP(C).No.5035/2019
EXHIBIT P15 PHOTOSTAT COPY OF THE DECISIONS OF THE
TRAFFIC REGULATORY COMMITTEE MEETING
CONDUCTED ON 19.12.2018.
EXHIBIT P16 PHOTOSTAT COPY OF THE DECISIONS OF THE
TRAFFIC REGULATORY COMMITTEE MEETING
CONDUCTED ON 22.01.2019
RESPONDENTS' EXHIBITS:
ANNEXURE R7(a) TRUE COPY OF THE MEETING DATED
19.12.2018.
ANNEXURE R7(b) TRUE COPY OF THE MEETING DATED
22.01.2019.
