High Court of KeralaWP(C)/12996/2015disposed of

A.Rajan, Manager, Deshabhimani Book House v. The Managing Director, Ksrtc

2015-05-22Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WP(C).No. 12996 of 2015 (Y) ----------------------------------------- PETITIONER:

-------------------------- A.RAJAN, AGED 48 YEARS S/O.LATE DAMODARAN NAMBIAR, MANAGER DESHABHIMANI BOOK HOUSE, I.G.ROAD, NEW BUS STATION KOZHIKODE.

BY ADVS.SRI.R.RAMADAS SRI.T.SIVADASAN RESPONDENTS:

----------------------------

1. THE MANAGING DIRECTOR, KSRTC THIRUVANANTHAPURAM-695001.

2. THE MANAGING DIRECTOR KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION (KTDFC) LTD.

THIRUVANANTHAPURAM-695001.

3. THE PRINCIPAL PROJECT CONSULTANT KTDFC, THIRUVANANTHAPURAM-695001.

4. THE ASSISTANT TRANSPORT OFFICER OFFICE OF THE DISTRICT TRANSPORT OFFICER, KSRTC KOZHIKODE, PIN-673001.

R1 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R2 TO R4 BY SRI.SUNIL K.R., SC, KTDFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2015, ALONG WITH WPC. 13014/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12996 of 2015 (Y) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE SAID NEWS ITEM APPEARED IN CHANDRIKA DAILY DT.8-12-12.

P2 :

TRUE COPY OF THE REPRESENTATION DT.7-1-2014 BEFORE THE HON'BLE MINISTER FOR TRASPORT GOVERNMENT OF KERALA. P3 :

TRUE COPY OF THE COMMUNICATION NO.ES 6-008309/2015 DT.25-2-2015. P4 :

TRUE COPY OF THE JUDGMENT DT.20-12-12 IN WPC 30476/2012. P5 :

TRUE COPY OF THE AUCTION CUM TENDER NOTICE DT.25-3-15 ISSUED BY R3.

P6 :

TRUE COPY OF THE TENDER DOCUMENT SET FOR THE KSRTC BUS TERMINAL COMPLEX, KOZHIKODE VIDE TENDER NO.KTDFC/136/KKD/2015 ISSUED BY R3.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V.CHITAMBARESH,J.

------------------------------- W.P.(C) Nos. 12996 of 2015 & 13014 of 2015 --------------------------------------- Dated this the 22nd day of May, 2015

J U D G M E N T

The petitioners seek preference in the allotment of space in the newly constructed bus station-cum-shopping complex. This Court by judgment in W.P.(C). No. 30476/2012 directed the first respondent to take a decision on the representation filed by the petitioners therein.

The first respondent takes a stand that it is for the second respondent to consider the plea put forth by the petitioners. This is because the bus station-cum-shopping complex was constructed by the second respondent in the space alloted by the first respondent. The second respondent has to recoup the money spent on re-construction from the license fee collected from the allotees.

Interest of justice would be met by permitting the petitioners to submit fresh representation to the second respondent within two weeks from today. Any such representation shall be dealt with by the second respondent

W.P.(C) Nos. 12996 of 2015 & 13014 of 2015 2 within three weeks therefrom after notice to the petitioners and the first respondent. The proceedings for allotment of space in the bus station-cum-shopping complex shall be finalised only after orders are passed on the representation if any filed.

The writ petitions are disposed of.

V.CHITAMBARESH JUDGE