The Vazhoor Grama Panchayat (Ist respondent herein) by Ext.P2 resolution unanimously had decided certain arrangements in the matter of stopping place of stage carriages and parking of vehicles, including light motor vehicles. Altogether there were nine such decisions which are proposed to be implemented forthwith. It is indicated that persons including the first petitioner had been invited for discussion in the matter and Ext.R1(a), made available by the Panchayat, indicated that the representatives from the general public and organizations, like Development Society, Merchants Association, Citizen Forum, Autorikshaw Union (CITU), Representatives of INTUC, BJP, CPI, CPM, Kerala Congress (J), Kerala Congress (M), Autorikshaw Union (BMS), Poura Samithi etc, had participated.

2. After about a month it appears that the petitioners had made an objection in the matter on 26.03.2003 by Ext.P4 and thereafter filed this Original Petition on 7.4.2003. In view of the interim orders passed by this Court, the implementation of the decision has been stayed.

3. The Panchayat had filed a counter affidavit and a petition for vacating the order of stay (I.A.No.1077 of 2003). When the CMPs were listed for hearing, the parties were agreed that the Original Petition could be disposed of.

4. The legal contention urged by the petitioners is on the basis of two provisions of the Kerala Motor Vehicle Rules, namely rule 206 and rule 344. Sri.A.Inees, appearing for the petitioners, also highlighted his contentions on the basis of section 227 of the Kerala Panchayat Raj Act.

5. Sri.Mathew John, appearing for the first respondent-Panchayat, submitted that the Original Petition was an after thought, the petitioner having agreed to the proposals which were in public interest and as understood for the benefit of the residents of the Panchayat. The submission was that the Panchayat became conscious about the proximity of bus stops for in coming and out going buses and as a measure to avoid heavy rush the position of the bus stops had been proposed to be shifted by about fifty meters. Though Ext.P2 is challenged as such, the petitioners had confined their arguments in respect of item No.1, which directed that buses traveling wear to east are to stop on the left-hand side of K.K.Road from Malikapady onwards for permitting passengers to alight and get in.

6. Thus, in effect the change of place of a bus stop is the bone of contention. In general, the attempt was to establish that in the matter of shifting of a bus stop, the Panchayat had no jurisdiction at all and it was mandatory that consultation with the Regional Transport Authority was essential. Prescribing stops, halting places, fair stages etc., were the exclusive domain of the Regional Transport Authority concerned.

7. The learned counsel first took me to section 227 of the Kerala Pnachayat Raj Act. The provisions extracted herein below:

"227. Public landing places and cart-stands etc.-Subject to such rules as may be prescribed, the Village Panchayat may -

a) provide public landing places, halting places and cart-stands (including stands for animals and vehicles of any description) and levy fees for their use and

b) where any such place or stand has been provided, prohibit the use for the same purpose by any person within such distance, thereof, any public place or the side of any public road as the Panchayat may, subject to the control of the Regional Transport Authority, specify:

Provided that the previous sanction of the Regional Transport Authority shall be obtained before any stand or halting place for motor vehicles is openedâ€.

As could be seen form the above said provision, it concerns about the public landing places, halting places and cart-stands. This may not apply to the facts of this case, as a change in the existing bus stop does not come in any of the matters notified in the said section.

8. Therefore, we make take notice of the second contention on the basis of Rules 206 and 344 o