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High Court of KeralaWP(C)/17550/2015closed

K.K. Ramachandran v. Peravoor Grama Panchayath

2015-08-11Honourable Mr. Justice A.V.Ramakrishna Pillai6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 17550 of 2015 (P) ---------------------------- PETITIONER(S):

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1. K.K. RAMACHANDRAN, AGED 55 YEARS S/O.VELAYUDHAN, "PREETHAM", PERAVOOR PO MANATHANA AMSOM, KANNUR DISTRICT, PIN-670 673.

2. P.V.SREEDHARAN, AGED 55 YEARS S/O.KANNAN NAIR, PUTHENVEETTIL HOUSE, PERAVOOR PO PERAVOOR DESOM, MANATHANA AMSOM, KANNUR DISTRICT PIN-670 673, BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENT(S):

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1. PERAVOOR GRAMA PANCHAYATH PERAVOOR GRAMA PANCHAYATH OFFICE, PERAVOOR PO KANNUR DISTRICT, PIN-670 673 REPRESENTED BY ITS SECRETARY.

2. REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION KANNUR KANNUR DISTRICT, PIN-670 102.

3. JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER THALASSERY, NEAR TOWN HALL, THALASSERY PO KANNUR DISTRICT, PIN-670 104.

R2 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17550 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 : TRUE COPY OF THE NEWS REPORTED IN DESABHIMANI DAILY DATED 29-52014. P2 : TRUE COPY OF THE REPRESENTATIONS DATED 30-5-2015 SUBMITTED BEFORE THE 1ST RESPONDENT PANCHAYATH.

P3 : TRUE COPY OF THE REPRESENTATIONS DATED 30-5-2015 SUBMITTED BEFORE THE 2ND RESPONDENT.

P4 : TRUE COPY OF REPRESENTATIONS DATED 30-5-2015 SUBMITTED BEFORE THE 3RD RESPONDENT.

P5 : TRUE COPY OF THE LETTER DATD 30-5-2015 ISSUED BY THE SUPERINTENDENT, TALUK HOSPITAL, PERAVOOR TO THE RESPONDENTS. P6 : TRUE COPY OF THE NEWS REPORTED IN MALAYALA MANORAMA DAILY DATED 2-6-2015.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- -------------------------------------- Dated this the 11th day of August, 2015.

JUDGMENT

The petitioners are aggrieved by the decision said to have been taken by the respondent to shift the bus stop within the local limits of respondent panchayath, which according to the petitioners, was not complying with the relevant statutory provisions and also without considering Exts. P2 to P4 representations.

2.

Petitioners are the local residents of the first respondent panchayath. Petitioners allege that for the last 40 years, there was a bus stop on the side of the ThalasseryKottiyur road at Taluk Hospital Junction Peravoor, Kannur nearly 30 metres away from the Peravoor Taluk Hospital. The petitioners further allege that without issuing notice as per law or inviting objection from the people, recently the first respondent panchayath had taken a decision to shift the said bus stop to Peravoor bus stand. The decision taken by the

-2panchayath was published as per Ext.P1 newspaper report. Immediately, thereafter, Exts.P2 to P4 representations was submitted to the respondents requesting to retain the bus stop situated on the side of Thalassery-Kottiyur road at Taluk Hospital Junction Peravoor itself. The respondent never considered the said representations or took any action on it till date. The petitioners further point out that the decision taken by the first respondent to shift the bus stop without issuing notice as per law or inviting objection as also without obtaining permission from respondents 2 and 3 as per the provisions of law is illegal, arbitrary and unjust. Aggrieved by the decision taken by the first respondent without complying the provisions of law as also on the inaction on the part of the respondents in not considering Exts. P2 to P4 representations, petitioners have come up before this Court.

3.

I have heard the learned counsel for the petitioners and the learned Senior Government Pleader in the matter. 4.

The learned senior Government Pleader on

-3instructions filed a statement, wherein it is stated that the Regional Transport Officer along with the Dy.SP, Iritty inspected the Peravoor Town and submitted a report to the District Collector with the following recommendations: (a) The nearest way to reach at Taluk Hospital, Peravoor from the bus stand is through the property of a private party. The panchayath should take steps to take over the land from the private party for construction of road and make it suitable for transportation (b) The buses coming from the side of Iritty and Thalassery would stop in front of the K.K.Medicals and then proceed to Peravoor bus stand.

(c) The buses coming from the side Kottiyoor would stop and pick the passengers in front of Bala's Bakery.

(d) The parking at Kelakam Road would be

-4completely stopped.

(e) Panchayath should get approval for the bus stand at Peravoor.

It was also stated that till the above recommendations are implemented, the bus stop in front of the K.K. Medicals would be retained.

5.

In the light of the said statement, this Court is of the view that at present there is no emergent need for the interference by this Court.

Therefore, this writ petition is closed, reserving the right of the petitioners to approach this Court if they are aggrieved by the decision now taken by the authorities concerned on the basis of the joint inspection.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.