The petitioner is aggrieved by the shifting of the bus stop from the place indicated in the photograph, produced at Exhibit P1, to the front of a shopping complex, indicated at Exhibit P2. The petitioner's contention is that the bus stop at Vaniyambalam, as seen in Exhibit P1, was a long established bus stop and a waiting shed also had been erected thereon by the 4th respondent, local authority. The 5th respondent has brought in the above modification, allegedly to further the business of the establishments in the shopping complex, which is indicated at Exhibit P2. A make-shift bus waiting shed is also indicated at Exhibit P2, which obviously has been erected by the shopping complex owners.
2. No decision has been produced; but, however, the stage carriage operators have been coerced by the police to stop the stage carriages in front of the shopping complex, about 200 meters ahead of the waiting shed erected by the 4th respondent-Panchayat. So much is clear from Exhibit P4 decision of WP(C).No.19942 of 2014 - 2 -
the Panchayat, wherein it is clearly indicated that the local authority was not consulted before the change in the bus stop was made. In such circumstance, the change of bus stop said to have been initiated by the 5th respondent is without authority and is clearly an improper exercise of power.
3. In the above circumstance, unless an authority clothed with the power to specify bus stops either under the Motor Vehicles Act, 1988 or the Rules framed thereunder, the Police Act of 2011 or the Kerala Municipality Act, 1994; the decision of the Panchayat in Exhibit P4 would have to be implemented. The 5th respondent is also directed to ensure that Exhibit P4 is implemented and the bus stop which was maintained at the shed erected by the local authority is continued until any change is made by a competent authority as specified in the enactments mentioned herein before.
The writ petition is allowed. No costs.
vku.
Sd/-
K.Vinod Chandran, Judge ( true copy )