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2024 Supreme(Online)(KER) 33342

HIGH COURT OF KERALA
A. Muhamed Mustaque, S.MANU, JJ
T.M. ESHAKK – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 14156/2024



Advocates:
B.KRISHNA MANI, N.V.SANDHYA, DHANUJA M.S, V.P. HARISH SR GP, K T THOMAS, NIKHIL BERNY(K/674/2014)

The Traffic Regulatory Committee has the authority to regulate traffic and must address unauthorized parking causing congestion within a specified timeframe.

Headnote:(A) Traffic Regulatory Committee - Authority to regulate traffic - Public Interest Litigation seeking directions for implementation of bus terminal regulations - Court found serious traffic congestion due to unauthorized parking and directed the Traffic Regulatory Committee to convene a meeting to address the issue within six weeks. (Paras 2-3)

Facts of the case:
The petition sought reliefs regarding the implementation of bus terminal regulations and the unauthorized parking of buses causing traffic congestion.

Findings of Court:
The court recognized the need for action against unauthorized parking and directed the Traffic Regulatory Committee to take necessary follow-up actions.

Issues: The main issue was the regulation of traffic and unauthorized parking affecting the bus terminal operations.

Ratio Decidendi: The court emphasized the authority of the Traffic Regulatory Committee to address traffic issues and mandated timely action to resolve the congestion problem.

Result: Writ petition disposed of with directions.

J U D G M E N T

A. Muhamed Mustaque, Acg.C.J.

This Public Interest Litigation is filed seeking the following reliefs:

“I) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to implement Ext.P1 in the Rajev Gandhi Bus Terminal, Aluva.

II) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to ensure that all the buses enter the Rajeev Gandhi Bus Terminal. Aluva, and are parked in the respective bus bay and that the passengers are permitted to board the buses from the above terminal.

III) Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to dispose of Ext.P2 and further direct the respondents to ensure all the remedial measures with regard to the entering, parking and the boarding of buses by the passengers in the Rajeev Gandhi Bur Terminal, Aluva.

IV) Award costs and V) Any other relief this Hon'ble Court deems fit.”

2. In this matter, the learned Government Pleader filed a memo and produced the report of the Inspector of Police, Aluva East Police Station. It is stated in the report that the entry and the parking of KSRTC Bus into the bus terminal would be decided in a meeting to be convened.

3. Traffic Regulatory Committee, under the Police Act, is the authority to regulate the traffic in an area. We also find that there is a serious issue in this matter as traffic congestion is caused due to the unauthorised parking on road sides. If the KSRTC Buses are picking up passengers from outside the bus terminal without entering into the terminal, action should be taken against such drivers. We, therefore, are of the view that the Chairman of the Traffic Regulatory Committee shall convene a meeting and address this issue and take necessary follow up action, at any rate, within a period of six weeks.

This writ petition is disposed of as above.

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