Kerala High Court
The Chamber Of Commerce vs Regional Transport Authority on 3 November, 2025
WP(C) Nos. 20823 OF 2021 &
43456 OF 2024 1
2025:KER:82753
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 20823 OF 2021
PETITIONERS:
1 THE CHAMBER OF COMMERCE
(REG NO. 514/2008) VYAPAR BHAVAN, 4/777-F,
YESUDAS ROAD, KUNNAMKULAM-680503, REPRESENTED BY
ITS PRESIDENT K.P SAXON, S/O K.T.PAVUNNY, AGED 63
YEARS, KOOTHOOR HOUSE, KANNIPAYUR,
KUNNAKULAM-680503.
2 RAJAN V.K.
AGED 68 YEARS
S/O KUTTAN, VAZHAPULLY HOUSE, THEKKEPURAM,
KUNNAMKULAM-680503.
BY ADVS.
SRI.ARUN.B.VARGHESE
SMT. AISWARYA V.S.
SMT.VARNA MANOJ
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY ITS SECRETARY, CIVIL STATION,
AYANTHOLE P.O, THRISSUR-680003.
2 THE CHAIRMAN
REGIONAL TRANSPORT AUTHORITY, (THE DISTRICT
COLLECTOR) DISTRICT COLLECTORATE,
AYANTHOLE P.O, THRISSUR-680003.
3 KUNNAMKULAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY, KUNNAMKULAM,
THRISSUR-680503.
WP(C) Nos. 20823 OF 2021 &
43456 OF 2024 2
2025:KER:82753
4 *ADDL.R4
THE TRAFFIC REGULATORY COMMITTEE
REPRESENTED BY IT'S CHAIRMAN, KUNNAMKULAM
MUNCIPALITY, KUNNAMKULAM-680 503.
*IMPLEADED AS PER ORDER DATED 2.12.2021 IN
IA.1/2021.
BY ADVS.
SHRI.V.N.HARIDAS
SHRI.SAIFUDEEN T.S
SHRI.M.MANU
OTHER PRESENT:
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2025, ALONG WITH WP(C).43456/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 20823 OF 2021 &
43456 OF 2024 3
2025:KER:82753
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 43456 OF 2024
PETITIONERS:
1 THE CHAMBER OF COMMERCE,
(REG NO: 514 / 2008) VYAPAR BHAVAN, 4 /773-F,
YESUDAS ROAD, KUNNAMKULAM, REPRESENTED BY ITS
PRESIDENT K.P SAXON, S/O K.T PAVUNNY, KOOTHOOR
HOUSE, KANNIPAYUR, KUNNAMKULAM, PIN - 680503
2 RAJAN V.K.,
AGED 71 YEARS
S/O KUTTAN, VAZHAPULLY HOUSE, THEKKEPURAM,
KUNNAMKULAM, PIN - 680503
BY ADVS.
SRI.ARUN.B.VARGHESE
SMT.RAKHI RAJ
RESPONDENTS:
1 THE CHAIRMAN,
REGIONAL TRANSPORT AUTHORITY DISTRICT
COLLECTORATE, AYANTHOLE P.O.,
THRISSUR, PIN - 680003
2 REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY ITS SECRETARY, CIVIL STATION,
AYANTHOLE P.O., THRISSUR, PIN - 680003
3 KUNNAMKULAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, KUNNAMKULAM,
THRISSUR, PIN - 680503
WP(C) Nos. 20823 OF 2021 &
43456 OF 2024 4
2025:KER:82753
4 TRAFFIC REGULATORY COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, KUNNAMKULAM
MUNICIPALITY, KUNNAMKULAM, PIN - 680503
BY ADV SHRI.V.N.HARIDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2025, ALONG WITH WP(C).20823/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 20823 OF 2021 &
43456 OF 2024 5
2025:KER:82753
JUDGMENT
The learned counsel for the petitioners submits that in
view of the orders passed on 13.08.2024 by the Regional Transport
Authority, the prayers in W.P.(C) No.20823 of 2021 have become
infructuous. This is recorded.
Accordingly, the same is closed as infructuous without
prejudice to the contentions in W.P.(C) No.43456 of 2024, wherein
the said decision is under challenge.
The 1st petitioner is the registered association of traders at
Kunnamkulam. The 2nd petitioner is a member of the 1st
petitioner's association. It is submitted that a new bus stand was
constructed at Kunnamkulam, and the buses coming from
Kozhikode, Palakkad, Nilambur, etc., will have to take a deviation
to Palace Road after travelling through some pocket roads to reach
the new bus stand. It is stated that this traffic system was
introduced without any proper study. Accordingly, the petitioners
preferred Ext.P4 representation, highlighting the grievances.
WP(C) Nos. 20823 OF 2021 &
2025:KER:82753
2. A statement has been filed on behalf of the
Municipality that around 400 buses go to and from the district
through Kunnamkulam old bus stand, which had only an extent of
50 cents, and therefore, a new bus stand in an area of 3.5 acres of
land with modern facilities was constructed. It is also stated that
the initial works on Kunnamkulam urban development with KIIFB
funding are going to start soon, and as part of the said proposal
and for the expansion of the Kunnamkulam Junction, all the
buildings of the old bus stand will have to be demolished.
3. A statement has been filed on behalf of the
Government stating that the decision of the Kunnamkulam Traffic
Regulatory Committee for traffic diversion of stage carriages to the
new bus stand was approved by the Kunnamkulam Municipal
Council on 27.07.2021 and was intimated to the District Collector
seeking sanction, through Ext.P2, which is the same as Annexure
R2(b) and states that No Objection Certificates regarding the
functioning of the bus stand were not obtained from the PWD and
the Police Department as required under Section 344 of the Kerala
Motor Vehicles Act, 1989. Accordingly, the RTA Secretary was
directed to obtain the NOC from the PWD and the Police
WP(C) Nos. 20823 OF 2021 &
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Department and present them in the next RTA Board meeting for
reconsideration.
4. On 28.04.2025, the Commissioner of Police informed
that the new bus stand is in a suitable location through Annexure
R2(c). Through Annexure R2(d), a letter was again issued to the
Assistant Engineer, PWD Roads Section, to provide their
decision/consent. It is stated that the matter will be placed before
the RTA for consideration as soon as the necessary reports are
obtained. The statements made above are recorded.
5. Accordingly, there will be a direction to respondents
1 and 2 to take such steps to obtain the report from the PWD as
required under the Rule stated above within six weeks, and the
RTA concerned shall take a decision based on the reports within
two months thereafter. The 1st petitioner and other affected
parties shall also be heard while taking a decision as directed
above.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
WP(C) Nos. 20823 OF 2021 &
2025:KER:82753
APPENDIX OF WP(C) 20823/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ROUGH SKETCH PREPARED
BY THE WRIT PETITIONERS WITH RESPECT TO
THE ROADS HEADING TOWARDS THE OLD AND
NEW BUS STAND AT KUNNAMKULAM.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
14.09.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT.
WP(C) Nos. 20823 OF 2021 &
2025:KER:82753
APPENDIX OF WP(C) 43456/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ROUGH SKETCH
PREPARED BY THE WRIT PETITIONERS WITH
RESPECT TO THE ROADS HEADING TOWARDS
THE OLD AND NEW BUS STAND AT
KUNNAMKULAM
Exhibit P2 A TRUE COPY OF THE PROCEEDINGS DATED
31.10.2024 OF THE 2ND RESPONDENT,
REGIONAL TRANSPORT AUTHORITY , THRISSUR
ALONG
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED
31.01.2023 IN WP (C )NO: 2279/2023 OF
THE HONOURABLE HIGH COURT OF KERALA
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
28.10.2024 SUBMITTED BY THE 1ST WRIT
PETITIONER BEFORE THE 1ST RESPONDENT
WITH ACKNOWLEDGEMENT CARD
RESPONDENT ANNEXURES
Annexure R2(a) True copy of the decision of RTA dated
20/4/2022 (Item No.110)
Annexure R2(b) True copy of the decision of RTA
dated13/8/2024 Item No.203)
Annexure R2(c) True copy of the letter dated 28/4/2025
issued by the commissioner of Police
Annnexure R2(d) True copy of the letter dated 18/8/2025
issued by this respondent to the
Assistant Engineer, PWD Roads Section
