DAMODARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The aim of this Original Petition is to ensure that private buses passing through Kakkanad (Kochi) park inside the bus stand established by Thrikkakara Panchayat. At present none of the buses uses the said bus stand, instead they park on the road side in front of "Mar Athanatious High School" (situated just opposite to the rear gate of Civil Station, at Kakkanad). First petitioner is the Secretary of an Association formed by the merchants occupying the rooms in the shopping complex

(2.) A shopping centre cum bus stand was constructed by Thrikkakara Panchayat. It was formally inaugurated on 25th May 1985. According to the petitioners, occupants of the rooms in the shopping complex were made to believe that all buses plying through Thrikkakara-Kakkanad would stop at the said bus stand. But the bus stand remains only in name since no buses stop there, according to the petitioners. A representation was made to 'the District Collector and later to the Minister for local administration in Kerala for directing the bus operators to stop at the said bus stand. Petitioners contend that as Chairman of the Regional Transport Authority the District Collector cannot abdicate his functions by not issuing instructions to the Regional Transport Officer to ensure that buses stop at the bus stand. Petitioners pray for a direction to the Regional Transport Authority, Ernakulam, to issue orders prohibiting parking of private buses at places other than the bus stand.

(3.) Notices of this Original Petition were served on the District Collector and Secretary to Regional Transport Authority, Thrikkakara Panchayat and also the General Secretary of the Ernakulam District Private Motor Transport Owners Association.