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1977 Supreme(Ker) 342
High Court of Kerala
V.P. Gopalan Nambiyar, G.Balagangadharan Nair, JJ.
State of Kerala - Appellant
Versus
Elappara Panchayat & Ors - Respondent
W.A. No. 466 of 1975
Decided On : 31-10-1977
Interpretation of the concept of a bus stand under S.91 of the Kerala Panchayats Act, 1963, based on previous judicial decisions.
Headnote:
Bus Stand - Interpretation of S.91 of the Kerala Panchayats Act, 1963 - [S.91 of the Kerala Panchayats Act, 1963] - The court discussed the provisions of S.91(a) and (b) of the Kerala Panchayats Act, 1963, which enable the Panchayat to provide landing places, halting places, and cart stands, and prohibit the use of any place other than what has been provided for the same purpose. The court interpreted the concept of a bus stand based on previous judicial decisions and concluded that the facility provided by the Panchayat did not amount to a bus stand in the well-understood sense of the term, and the Panchayat was not justified in taking the action or issuing the notices impugned.
Fact of the Case:
The writ petitioner, a stage carriage operator, was asked by the Elappara Panchayat to stop at a bus stand and pay fees. The petitioner did not comply, resulting in complaints by the Panchayat before the Additional I Class Magistrate's Court.
Finding of the Court:
The learned Judge allowed the writ petition and quashed the notices demanding charges for non-parking at the bus stand.
Issues: The main issue was whether the facility provided by the Panchayat could be considered a bus stand in the legal sense and whether the Panchayat was justified in demanding charges for non-parking at the said stand.
Ratio Decidendi: The court interpreted the concept of a bus stand based on previous judicial decisions and concluded that the facility provided by the Panchayat did not amount to a bus stand in the well-understood sense of the term.
Final Decision: The court affirmed the judgment of the learned Judge and dismissed the appeals, with no orders as to costs.
V.P. Gopalan Nambiyar, C. J.
1. We think the learned Judge was right, and these appeals preferred by the State and by the Elappara Panchayat respectively against his judgment must fail
2. S.91 of the Kerala Panchayats Act. 1963 (Act 32 of 1960) provides:
"91. Public landing places and cart stands, etc.-- Subject to such rules as may be prescribed, the Panchayat may“
(a) Provide public landing places, halting places and cart stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) 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 Collector specify: Provided that the previous sanction of the Collector shall be obtained before any stand or halting places for motor vehicles is opened".
The writ petitioner whose petition was allowed by the learned Judge, was a stage carriage operator plying his vehicle, Bus No. K.L.K. 8042 on the route Changanacherry - Kattappana. The service starts from Changanacherry at 8 a.m. and returns to the place at 6.30 p.m. The distance between the two terminals is nearly 75 miles, and in addition to the municipal area of Changanacherry, it lies through a number of Panchayats such as, Madappilly, Karugachal, Ponkunnu, Mundakayam, Peruvanthanam, Elappara and, Kattappana. The Elappara Panchayat had put up a "Bus stand" sometime towards the end of 1971 or early in 1972, and demanded of the writ petitioner that his vehicle should stop at the said stand and pay fees at the rate of Re. 1 per day (vide Ext. P1). The petitioner did not comply, and that resulted in certain complaints by the Panchayat before the Additional I Class Magistrate's Court of Peermade under S.91(b) and S.131 of the Kerala Panchayats Act (vide Ext. P2). The cases are pending as S.T. 95 of 1972, 119 of 1972, 121 of 1972 and 135 of 1972. By Ext. P3 notice, the Panchayat demanded charges 'consequent on non parking' of his bus at the bus stand for the period from 10th January 1972 to 30th April 1972. Ext. P4 is a copy of the notice threatening prosecution.
3. It was against the said background that the writ petition which was allowed by the learned Judge was filed to quash Exts. P3 and P4 and for other reliefs.
4. The learned Judge allowed the writ petition and quashed Exts. P3 and P4.
5. S.91(a) enables the Panchayat to provide landing places, halting places and cart stands. The last of these expressions includes a bus stand, popularly so called. The provisions of clause (b) are consequential on clause (a); and enables the Panchayat to prohibit the use of any place other than what has been provided for the same purpose, under certain conditions. That what was provided is not a landing place is clear enough, as that seems to have relation to water transport. For the writ petitioner it was contended that the facility -- if such it can be called -- Provided by the Panchayat was neither a halting place nor a bus stand. It was contended that a halting place is a well known form of bus shelter or a bus stop and not the sort of bus stand provided by the Panchayat in this case. It was also argued that it was not open to the Panchayat to provide a bus stand in a spot where it chooses, irrespective of the convenience of the vehicle that travels a specified route, and insist upon the vehicle halting at the provided bus stand. We think there is force in this contention and that it is supported by the principle of the decisions cited to us, to which we shall immediately call attention. We think too, that the provision made by the Panchayat cannot amount to a bus stand in the well understood sense of the term as expounded by judicial decision. In Ebrahim Saheb v. R. T. Authority AIR 1951 Mad. 419, a Division Bench of the Madras High Court, speaking with reference to the provisions of
