Alappuzha District Private Bus Operators Association v. Mavelikkara Municipality
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 35491 of 2014 (J) --------------------------------------- PETITIONER(S):
---------------------- ALAPPUZHA DIST. PRIVATE BUS OPERATORS ASSOCIATION, MAVELIKKARA UNIT REPRESENTED BY ITS SECRETARY S.JAYAKUMAR MANNARATHU VADAKKATHIL, KANNAMANGALAM NORTH CHETTIKULANGARA.P.O., ALAPPUZHA. PIN-688 001. BY ADVS.SRI.P.SANTHOSH KUMAR (TR) SRI.T.P.SAJAN RESPONDENT(S):
------------------------
1. MAVELIKKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE CHETTIKKULANGARA.P.O., PIN-690 101, MAVELIKKARA.
2. THE SECRETARY MAVELIKKARA MUNICIPALITY, MUNICIPAL OFFICE CHETTIKKULANGARA.P.O., PIN-690 101, MAVELIKKARA. BY SRI.RASHEED.C, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 35491 of 2014 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE REPRESENTATION DATED 28.2.2013 FILED BY THE PETITIONER BEFORE THE RESPONDENTS.
P2TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT DATED 28.2.2013 WITH REFERENCE NO.R2-2348/13.
P3TRUE COPY OF THE PUBLIC AUCTION NOTICE FOR THE YEAR 2014-15 VIDE REFERENCE NO.R2 643/2014-15 DATED 13.2.2014.
P4TRUE COPY OF THE REPRESENTATION DATED 24.3.2014 FILED BY THE PETITIONER BEFORE THE RESPONDENTS.
P5TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT DATED 25.3.2014 WITH REFERENCE NO.R2-2231/14.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
K.SURENDRA MOHAN, J.
--------------------------------------------- W.P.(C) No.35491 of 2014 ---------------------------------------------- Dated this the 13th day of January, 2015
JUDGMENT
The petitioner, an organization of Bus Operators has filed this writ petition complaining of enhancement in Bus stand fee charged by the 1st Respondent, Municipality. According to the learned counsel for the petitioner, the Bus stand fee was enhanced during the year 2013-2014 and 2014-2015 also. The charges have been enhanced without providing any facilities. Therefore, it is contended that there is no benefit accruing to the Bus operators, commensurate with the fee that is charged. The petitioner has submitted Ext.P4 representation, which is pending before the 2nd Respondent. No orders have been passed thereon till date. The learned counsel therefore seeks the issue of a direction for the consideration of Ext.P4.
2. Shri Rasheed C., learned Standing Counsel appears for the Respondents.
W.P. (C) No.35491/2014
3. Since Ext.P4 is pending consideration of the 2nd Respondent, it shall be sufficient that this writ petition is disposed of directing the same to be considered without delay.
4. This writ petition is therefore, disposed of directing the 2nd Respondent to consider the grievances of the petitioner set out in Ext.P4 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The Bus stand fee shall not be enhanced further without finally disposing of Ext.P4 in accordance with the above direction.
Sd/- K.SURENDRA MOHAN, JUDGE //true copy// P.S. To Judge St/-