IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 23^RD DAY OF JANUARY 2025 / 3RD MAGHA, 1946 RP NO. 97 OF 2025 AGAINST THE JUDGMENT DATED 12.09.2024 IN WP(C)

NO.14156 OF 2024 OF HIGH COURT OF KERALA REVIEW PETITIONER/3RD PARTY:

KERALA STATE ROAD TRANSPORT CORPORATION KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN – 695

001 BY ADV P.C.CHACKO(PARATHANAM)

RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 6:

1 T.M. ESHAKK, AGED 53 YEARS, THOTTATHIKULAM HOUSE, RAYONPURAM POST, PERUMBAVOOR, ALUVA, ERNAKULAM,, PIN – 683 542

2 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANDA, ERNAKULAM,, PIN – 682 030

3 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM, PIN –

695 001

4 THE SECRETARY, ALUVA MUNCIPALITY, ALUVA, ERNAKULAM DISTRICT. ERNAKULAM DISTRICT., PIN –

683 101

5 THE CHAIRMAN, ALUVA MUNCIPALITY, ALUVA, ERNAKULAM DISTRICT., PIN – 683 101

6 THE SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM DISTRICT., PIN – 683 101

7 THE STATION HOUSE OFFICER, ALUVA, IS SUO MOTO IMPLEADED AS ADDL.R6 AS PER ORDER DATED

16.08.2024 IN WPC, PIN - 683101 A J VARGHESE SR GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

23.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

A. Muhamed Mustaque, J.

The learned counsel for the KSRTC fairly submitted that a decision has been taken pursuant to the Judgment under review. The petitioner's case is that this Court had directed the consideration of the grievance of the writ petitioner by the Chairman of the Traffic Regulatory Committee without adverting to Rule 344 of the Kerala Motor Vehicles Rules, 1989. The above Rule reads thus:

“Bus stand and parking places - Authority to determine location of.‐ The Regional Transport Authority shall, in consultation with the concerned authorities of any Corporation, Municipality or Panchayat, the Executive Engineer and the Superintendent of Police of the District, determine the location of (a) bus stands, where from stage carriages start or terminate service; and (b) parking places wherein motor vehicles in general or of specified description may stand either indefinitely or for a specified period of time:

Provided that in the case of vehicles of the Kerala State Road Transport Corporation, the District Transport Officer or the Assistant Transport Officer may, in consultation with the local authority concerned, fix up stands at the starting points and at the termini of the bus routes and also bus stands and stopping places in the course of the route subject to the following conditions:

(i) The District Transport Officer or the Assistant Transport Officer, as the case may be, shall consult the local authority concerned before determining the starting points, termini and the bus stops and bus stands within the limits of the local authority;

(ii) In case of any difference of opinion between the local authority and the concerned officer of the Corporation the matter shall be referred to the District Collector concerned;

(iii) The District Collector, after giving an opportunity of being heard to the officers of the Corporation and the local authority concerned, shall determine the issue and the decision of the District Collector shall be final. “

There may not be much dispute in regard to the fact that the District Collector is also competent to take a decision under Rule 344 of the Kerala Motor Vehicles Rules, 1989. If the review petitioner is aggrieved by the decision of the local authority, necessarily the District Collector shall take an appropriate decision untrammelled by the decision taken by the Chairman of the Traffic Regulatory Committee. If the review petitioner approaches the District Collector, that shall be considered after hearing all parties, including the writ petitioner and the Secretary, Aluva Municipality.

The review petition is disposed of as above.

Sd/-

A.MUHAMED