All Kerala Bus Operator'S ... vs Kottakkal Municipality
2023 Latest Caselaw 1047 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                    WP(C) NO. 30210 OF 2022
PETITIONER:

         ALL KERALA BUS OPERATOR'S ORGANIZATION
         KOTTAKKAL UNIT, POOVATHODI COMPLEX,
         NEAR BUS STAND, KOTTAKKAL - 676 503,
         REPRESENTED BY THE PRESIDENT,
         M.C. ASSANKUTTY @ KUNHIPPA.

         BY ADV K.V.GOPINATHAN NAIR


RESPONDENTS:

    1    KOTTAKKAL MUNICIPALITY
         REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE,
         ARYA VAIDYASALA ROAD, KOTTAKKAL - 676503
    2    CHAIRMAN MUNCIPAL COUNCIL,
         KOTTAKKAL MUNCIPALITY MUNICIPAL OFFICE,
         KOTTAKKAL P.O., KOTTAKKAL - 676 503.

         BY ADV SHRI.NOUSHAD THOTTATHIL, SC, KOTTAKKAL
         MUNICIPALITY


     THIS WRIT PETITION       (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 17.01.2023,      THE COURT ON     THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.30210 of 2022

                               2


                           JUDGMENT

Dated this the 17th day of January, 2023

The writ petition has been filed by All Kerala Bus

Operator's Organisation seeking to direct the 1 st respondent-

Kottakkal Municipality to open and allow to make use of the

newly constructed Kottakkal Municipal Bus Stand so as to

facilitate the convenience of the travelling public by providing

required amenities forthwith.

2. When this writ petition came up for admission on

14.12.2022, the Standing Counsel submitted that access road

work to the newly constructed Bus Stand is yet to be started.

It will take some time for construction of rooms within the Bus

Stand building. If the contractor resumes the work soon, it will

take at least three months to make the necessary

infrastructural facility for completing the construction of the

Bus Stand. The Standing Counsel further pointed out that an

additional open space near the new Bus Stand has already

been provided for the time being.

WP(C) No.30210 of 2022

3. When this writ petition came up for hearing today,

the Standing Counsel representing the 1 st respondent-

Municipality submitted that the contractor has already started

the work and the contractor has agreed to complete the work

by 10th of April. Bus Stand can be opened for the general

public soon thereafter. In view of the said fact, I find no

reason to give a further direction to the Municipality in that

regard.

4. Counsel for the petitioner submitted that there is an

open side on the southern side of the Bus Stand, which can

be made use for temporary parking of vehicles, if situation

demands. It will be open to the Municipality to take any

decision in this regard, if situation warrants.

Recording the above submissions and observations, the

writ petition is disposed of.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.30210 of 2022

APPENDIX OF WP(C) 30210/2022

PETITIONER EXHIBITS Exhibit P1 PHOTOGRAPHS SHOWING THE PRESENT TEMPORARY BUS STAND PARKING AREA.

Exhibit P2 PHOTOGRAPHS SHOWING THE COMPLETION OF THE BUS STAND.

Exhibit P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 1.9.2022.