Koshy, J.

All these writ petitions except W.P.(C)No.31156 of 2005 are filed by the private bus operators questioning the imposition and enhancement of fees collected by the Corporation of Kochi at the rate of Rs.20/= per day by Ext.P1 notification dated 10.1.2005. It is their contention that more than 700 buses are passing through Kaloor bus stand itself and at the rate of Rs.20/- per day more than Rs.7,200/= will be collected from each vehicle per year. According to them, the fees charged by the corporation is illegal and arbitrary and liable to be set aside. It is also argued by the bus owners that increase of fees from Rs.10/= to Rs.20/= is arbitrary and virtually there is no quid pro quo and no service is rendered by the Corporation except name sake services done in the four bus stand. The private bus operators contended that they are paying huge motor tax apart from wages to their employees and there is separate allotment to Corporation for maintenance of road from road tax paid by them and the huge amount collected in any way is arbitrary and illegal. The Corporation has given the right to collect the fees from the vehicles to contractors and one such contractor filed W.P.(C)No.31156 of 2005 for getting assistance of police for collecting the fees. Three categories are involved in these cases. (1) private buses starting or ending their services within Kochi Corporation limits (2) buses passing through the declared bus stands within Kochi Corporation. There are four declared bus stands in Kochi Corporation, i.e., Kaloor, Edakochi, Mattanchery and Fort Kochi. Apart from buses starting and ending their services in the above bus stands, many other buses, as per the permit conditions, are bound to pass through those bus stands even though they may not start or end their services there, but, allowed to halt there. (3) The buses which are not even touching any of these bus stands, but, passing through 32 stops in the city which are mentioned as vandi pettas in the notification issued inviting tenders from contractors for collecting the fees.

2. The main contention of the bus operators is that consistently this court has taken a view for the last three decades that a place can be called as a bus stand where bus services commence or terminate and only such places can be called as bus stands as decided in State of Kerala v. The Elappara Panchayat (ILR 1978 (1) Kerala 431) and Rajagopala Prabhu v. Commr., Municipal Council, Irinjalakuda (1980 K.L.T.644). This has been followed in several other cases. Therefore, only buses starting or ending in the four declared bus stands in the city need pay the fees imposed by the Corporation. Before going to the other matters, we will consider the relevant statutory provisions.

3. Section 472 of the Kerala Municipality Act reads as follows:

“472 Provision of public cart stands etc.- (1) A Municipality may, subject to such (guidelines) as the Government may issue in this behalf, construct or provide public landing places, halting places and cart stands and may levy fees for the use of the same.

(2) The Municipality may-

(a) place the collection of any such fees under the management of such person as may appear to it to be proper; or

(b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

(3) A Statement in English and the language of the locality, showing the fees fixed by the Municipality for the use of such place, shall be put up in a conspicuous part thereof.

Explanation:- A cart stand shall, for the purposes of this Act, include a (bus stand, taxi stand, autorickshaw stand, lorry stand and stand for other vehicles arid of animals).”

Section 117 of the Motor Vehicles Act reads as follows:

“117. Parking places and halting stations:- The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area conce