Two writ petitions challenging eviction from KSRTC premises for bus stand reconstruction were disposed of on final hearing. The court closed the petitions after accepting petitioner's submission to seek relief for grievances, without granting specific orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 12943 OF 2009
PETITIONER:
SUMATHI GOPINATHAN W/O. SRI.G.GOPINATHAN NAIR, LICENSEE,, TLEPHONE BOOTH NO.II, THIRUVANANTHAPURAM CENTRAL,, (PRESENTLY RESIDING AT PRANAVAM, MAIPRAMPIL,, PLAMOODU, POTHENCODE POST, THIRUVANANTHAPURAM). BY ADV SRI.RAJAN P.KALIYATH
RESPONDENTS:
3 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION,, THIRUVANANTHAPURAM CENTRAL, THIRUVANANTHAPURAM. ADDL R4. TRIVANDRUM DEVELOPMENT AUTHORITY TVM REPRESENTED BY THE SECRETARY ADDL R5. PRINCIPAL GENERAL MANAGER BHARAT SANCHAR NIGAM LTD, SHASTHA TOWERS,KOWDIAR POST,TVM-3 (ADDL R4 & R5 ARE IMPLEADED AS PER ORDER DATED 3004-2009 IN IA 5533/2009) BY ADVS. SHRI.JOHNSON P.JOHN, SC, KSRTC SRI.M.RAJAGOPALAN NAIR, SC, TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, ALONG WITH WP(C).12944/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).Nos.12943 & 12944 of 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 12944 OF 2009
PETITIONER:
RAVEENDRAN NAIR.A
G.GOPINATHAN NAIR, LICENSEE, TELEPHONE BOOTH NO.II, THIRUVANANTHAPURAM, CENTRAL (PRESENTLY RESIDING, AT PRANAVAM, MAIPARAMPIL PLAMOODU, POTHENCODE, POST, THIRUVANANTHAPURAM. BY ADV SRI.RAJAN P.KALIYATH
RESPONDENTS:
1 STATE OF KERALA CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR,, HEAD OFFICE, THIRUVANANTHAPURAM. 3 THE DISTRICT TRANSPORT OFFICER KERALA STATE TRANSPORT CORPORATION,, THIRUVANANTHAPURAM. ADDL R4. TRIVANDRUM DEVELOPMENT AUTHORITY TVM REPRESENTED BY THE SECRETARY ADDL R5. PRINCIPAL GENERAL MANAGER BHARAT SANCHAR NIGAM LTD, SHASTHA TOWERS,KOWDIAR POST,TVM-3 (ADDL R4 & R5 ARE IMPLEADED AS PER ORDER DATED 30-04-2009 IN IA 5533/2009) BY ADVS. SHRI.JOHNSON P.JOHN, SC, KSRTC SRI.M.RAJAGOPALAN NAIR, SC, TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, ALONG WITH WP(C).12943/2009,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.12943 & 12944 of 2009
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P.V.KUNHIKRISHNAN, J.
W.P.(C).Nos.12943 & 12944 of 2009
---------------------------------------------Dated this the 14th day of September, 2021
JUDGMENT
These writ petitions are connected and therefore, I am disposing these cases by a common judgment.
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W.P.(C).Nos.12943 & 12944 of 2009
“In both the above Interlocutory Applications, the interim prayer is to vacate the interim order passed by this Court in the writ petitions.
2. The writ petitioners are admittedly conducting telephone booths in the premises of the Bus Stand at Thampanoor in Thiruvananthapuram District which is being operated by the Kerala State Road Transport Corporation Ltd. The premises is sought to be vacated by the Corporation for reconstruction of the Central Bus Stand in the same premises. For the said purpose an agreement has been executed by the Corporation with the Trivandrum Development Authority, Thirvananthapuram (TRIDA), namely, the additional fourth respondent herein. It is the case of the Corporation that as per the agreement, all the stalls had to be vacated by 30.04.2009 and, accordingly, notices were issued to the respective parties. The learned counsel for the writ petitioners submitted that the writ petitioners have no objections to vacate the premises provided suitable locations are provided as in the case of other occupants.
3. Going by the averments in the affidavits
W.P.(C).Nos.12943 & 12944 of 2009
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accompanying the I.As, the Corporation has already directed shifting of the telephone booths of the writ petitioners to the newly allotted locations. Of course, there can be disputes regarding the other formalities, still in the interest of General Public, the interim order will have to be modified to enable the Corporation to complete the reconstruction works. Therefore, the interim order is vacated.
4. It is submitted by the learned counsel for the writ petitioner in W.P.(C).No.12944/2009 that the writ petitioner is no more and his wife is now entrusted with the functioning of the telephone booth.
5. The competent officer of the Corporation will take steps to see that the telephone booths are shifted within a reasonable time, at any rate within ten days from today to a convenient location. But, it should be seen that the writ petitioners are not deprived of their livelihood and a suitable location will have to be found out to enable them to continue the telephone booths. The petitioner will comply with all other formalities for conducting the booths, like licences from the local authority etc.”
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W.P.(C).Nos.12943 & 12944 of 2009
In the light of the above submission, these writ petitions are closed, with liberty to the petitioners to approach the respondents or this Court, if there is any fresh cause of action.
Sd/- P.V.KUNHIKRISHNAN JUDGE
JV
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W.P.(C).Nos.12943 & 12944 of 2009
APPENDIX OF WP(C) 12943/2009
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PHOTOGRAPHS AND NEWS REGARDING INAUGURATION OF THE TELEPHONE BOOTH EXHIBIT P2 TRUE COPY OF LETTER DATED 27.2.2003 EXHIBIT P3 TRUE COPY OF LICENCE FEE RECEIPT ISSUED BY THE THIRD RESPONDENT EXHIBIT P4 NOTICE DATED 21.4.2009 EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 23.4.2009 EXHIBIT P6 TRUE COPY OF LETTER DATED 27.4.2009 OF 3RD RESPONDENT EXHIBIT P6 SIX PHOTOGRAPHS SHOWING THE RELOCATION OF OTHER BOOTHS IN KSRTC STAND
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE NOTICE DATED 03.10.2009
W.P.(C).Nos.12943 & 12944 of 2009
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APPENDIX OF WP(C) 12944/2009
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LICENCE FEE RECEIPT ISSUED BY THE THIRD RESPONDENT EXHIBIT P2 NOTICE DATED 21.4.2009 OF THIRD RESPONDENT EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 23.4.2009 EXHIBIT P4 SIX PHOTOGRAPHS SHOWING THE RELOCATION OF OTHER BOOTHS IN KSRTC STAND
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE NOTICE DATED 03.10.2009
SUMATHI GOPINATHAN
RAVEENDRAN NAIR
STATE OF KERALA
KERALA STATE ROAD TRANSPORT CORPORATION
DISTRICT TRANSPORT OFFICER
P.V. KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
