This writ petition is filed by the representatives of taxi owners who are the beneficiaries of a taxi stand established by the second respondent Grama Panchayat. The petitioners had challenged the action of the Panchayat in starting construction of a building utilizing a portion of the area that is required for the purpose of establishing a taxi stand. The case of the petitioners is that, after having acquired the property for the purpose of establishing a taxi stand, the Panchayat was undertaking a construction thereon, that would substantially reduce the space meant for parking of taxis. 2. A counter affidavit has been filed on behalf of respondents 2 and 3. In paragraph 6, it has been stated as follows:-
6. There is an old and dilapidated building at the entrance and exit of the taxi stand. It was decided by the Panchayat to demolish the said dilapidated building and construct a multipurpose office complex in its place. It is also the intention to construct in this proposed building the required resting rooms and toilets required for the taxi stand. The construction is for the benefit of the taxi stand also. Further, due to the construction proposed, there will not be any reduction in the area for taxi parking at all.
3. A separate counter affidavit has been filed by the first respondent. In paragraph 6 of the counter affidavit of the first respondent, it has been stated as follows:-
There is an old and dilapidated building at the entrance and exit of the taxi stand. It was decided by the panchayat to demolish the said dilapidated building and construct a multipurpose office complex in its place. It is also the intention to construct in this proposed building the required resting rooms and toilets required for the taxi stand. The construction is for the benefit of the taxi stand also. Further, due to the construction proposed, there will not be any reduction in the area for taxi parking at all. It is also to be noted that in every Panchayat, building are being constructed in lands adjoining the taxi stands or bus stand or using a part of the area of bus stands or taxi stands. This only boosts the development progress of the Panchayat. Even the Local Administration Department is giving importance to such developmental activities. The construction of the multipurpose office complex in the place of the old building would not reduce the parking area for taxi's and only a small portion of the land acquired will be utilized for the construction. In fact, possession of the land for construction purposes had even been transferred to the PWD Building Section Pampady on 04.03.2014
4. I have heard the counsel appearing for the petitioner Sri.P. Mathew John, Sri.Bechu Kurian Thomas who appears for the Panchayat as well as the learned Government Pleader.
5. In view of the statements made in the counter affidavits referred to and extracted hereinabove , assuring that the proposed construction that is undertaken by the Panchayat is only at the place where an old building was already in existence and further assuring that the construction of the new building would not reduce the space available for parking of taxis, it is sufficient that this writ petition is disposed of recording the said undertaking.
This writ petition is therefore disposed of recording the statements made in the respective counter affidavits filed by the first respondent as well as respondents 2 and 3 undertaking that the proposed construction is to be in the place of the old building that was already in existence and that the same would not reduce the space available for parking of taxis.
Sd/-
K.SURENDRA MOHAN, JUDGE kkj