SUNNY JOSEPH Vs. STATE OF KERALA
LAWS(KER)-2003-7-57
HIGH COURT OF KERALA
Decided on July 17,2003

SUNNY JOSEPH Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) By Ext. P6, the Secretary, Kuravilangad Grama Panchayat had informed the petitioner, who is the Secretary of Drivers' Union, that effective from 28.3.2003 parking of vehicles should be shifted to the Taxi Stand approved by the Regional Transport Authority. The indication is clear that the parking as at present carried out was not authorised. In most cordial manner, their cooperation had been requested for. The petitioner had however thought it fit to challenge the same in this Original Petition. By interim order dated 27.3.2003, in C.M.P. No.18051 of 2003, the direction was stayed. The Panchayat has entered appearance. Additional respondent has got himself impleaded. According to the petitioner, the decision evidenced by Ext. P6 is irregular and illegal and not to be enforced.
(2.) After hearing the parties, I am at once struck by the efforts made, which obviously is against public interest, and attempt for a retrograde. Apparently the Panchayat had faltered in one of its initial steps, and this is capitalised by a group, who have false notions about their rights and priorities. They conveniently forget that Rules have been framed for public benefit, and are not to be recognised as rigid and are liable to be interpreted as pliable and tuned to public interest and welfare. The Original Petition is filed only to see that half a dozen taxis are permitted to remain on a central location of the Panchayat, though such occupation may be inconvenient to every other resident of the locality. The Original Petition is per se misconceived. The relevant facts could be briefly stated to notice the background of the case.
(3.) The Kuravilangad Grama Panchayat had notified a vehicle stand in the town, in 1994. It could hold only a maximum of seven cars, and finding the inadequacy, a new place was found nearby; a stand had been built, and it could accommodate about twenty vehicles. It was at a distance of about three hundred meters from the existing stand.;


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