P. KUNHALAN KUTTY Vs. R.T.A, MALAPPURAM

JUDGEMENT

(1.) The question of location of a bus stop (described as a stopping place for stage carriages in R.236 of the Kerala Motor Vehicles Rules) (the Rules for short), has led to considerable local controversy and even law and order problems. The question in issue is whether the opening of a" new bus stop 120 metres east of an existing bus stop and confining each stop to vehicles going in one particular direction is legal or proper.

(2.) The dispute relates to a bus stop in the Mongam Bazaar locality within the Morayoor panchayat. The trunk road from Calicut to Palghat and Madras runs east west through this panchayat. For facility of understanding the controversy, I have to locate three places on this road, starting from the western end, namely the Areembra junction where the old bus stop is located, the Pookulathur junction, 80 metres east and the new bus stop situate 40 metres further east. There is a road going south at the Areembra junction and a road branching to the north at the Pookulathur junction. There is a bus shelter on the northern side of the road at Areembra junction, that is, it will provide shelter to those proceeding east, towards, Palghat on the left side of the road. The new bus shelter is on the southern side of the road, 120 metres away and will provide shelter for those proceeding west, towards Calicut.

(3.) The old bus stop at the Areembra junction had been there for some time past, for about two decades. On 18th October 1979 the Morayoor panchayat passed a resolution proposing inter alia to open a new bus. stop and shelter at the eastern end of the Mongam Bazaar, that is the place where the new bus stop is situated. The collector's approval was sought and by his proceedings dated 19th March 1981 the District Collector, Malappuram granted sanction to the Panchayat for construction of the bus waiting shed between 37/000 and 37/200 kms. on the right (southern) side of the Calicut - Palghat road.