VIJAYA BANK v. NATIONAL HIGHWAYS AUTHORITY OF INDIA

BY ADVS. E.C.KURIAKOSE SRI.V.M.KURIAN, SC, ANGAMALY MUNICIPALITY SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY THOMAS ANTONY SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13743 OF 2015 3 P.V.KUNHIKRISHNAN, J. ------------------------------ W.P.(C)No. 13743 of 2015 ---------------------------------------------- Dated this the 03rd day of January, 2024 JUDGMENT The above writ petition is filed with the following prayers: “(i) issue a writ of mandamus or other appropriate writ, order or direction, directing 2nd respondent to shift the bus shelter now being constructed in front of the ATM counter and branch office of the petitioner bank at Angamaly to be shifted to the safer and moved appropriate place (ii) issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to take immediate action to remove the constructions made by the 2nd respondent for the bus shelter in front of the ATM counter and branch office of the petitioner bank at Angamaly. (iii) Declare that the present construction of bus shelter by the 2nd respondent in front of the ATM WP(C) NO. 13743 OF 2015 4 counter and branch office of the petitioner bank at Angamaly is unreasonable, unfair, arbitrary and illegal. AND (iv) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”SIC]

2. The petitioner is a public sector Bank as well as a Government of India undertaking governed by the provisions of the Reserve Bank of India Act. The petitioner filed this writ petition aggrieved by the action of the 2nd respondent Municipality in putting up an unauthorized construction of a bus shelter in front of the Branch Office of the petitioner bank at Angamaly in such a manner as to obstruct the ingress and egress into the bank premises at Angamaly. It is the case of the petitioner that the 2nd respondent Municipality started the construction of the bus shelter on 04.05.2015 in front of the ATM of the petitioner bank at Angamaly so WP(C) NO. 13743 OF 2015 5 as to partially block the vehicular entry into the bank premises. According to the petitioner, the construction undertaken by the 2nd respondent Municipality is without obtaining permission from the 1st respondent and is in violation of Section 24 of the Control of National Highways (Land and Traffic) Act 2002. It is also submitted that the 1st respondent is bound to take action under Section 26 of the above Act to remove the same. It is submitted that the previous permission of the Regional Transport Officer has not been obtained for shifting the bus shelter to the front of the bank and it is illegal as it violates Rule 5 of the Kerala Panchayat Raj Act (Landing Place, Halting Place, Cart Stands and Other Vehicle Stands) Rules 1995. Hence this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for WP(C) NO. 13743 OF 2015 6 the 2nd respondent and the learned Government Pleader.

4. When this Writ petition came up for consideration on 08.05.2015, this Court passed the following order: “Admit. Learned Standing Counsel takes notice for R1 & R2. Learned Govt.Pleader takes notice for R3 to R7. There shall be an interim order as prayed for, for a period of one month.” The above interim order was extended until further orders on 04.06.2015. Even now the above interim order is in force. After going through the pleadings and also going through the counter filed by the 1st respondent, I am of the considered opinion that the 2nd respondent Municipality has to reconsider the matter regarding the construction of bus shelter. Till a decision is taken by the 2nd respondent, the interim order already passed can be retained. Therefore, this Writ petition is WP(C) NO. 13743 OF 2015 7 disposed of in the following manner: i. The 2nd respondent Municipality is directed to take a decision regarding the construction of the bus shelter in the proposed place after giving notice to the petitioner and the 1st respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a stamped certified copy of this judgment. ii. The interim order dated 08.05.2015 which is extended until further orders on 04.06.2015 will continue till a final decision is taken by the 2nd respondent. Sd/- DM P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 13743 OF 2015 8 APPENDIX OF WP(C) 13743/2015 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT MUNICIPALITY WITH A COPY TO THE 1ST RESPONDENT NATIONAL HIGHWAY AUTHORITY. EXHIBIT P2. TRUE COPY OF THE LETTER DATED 11.04.2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3. TRUE PHOTOGRAPHS OF THE CONSTRUCTION OF THE BUS SHELTER SO FAR EFFECTED BY THE 2ND RESPONDENT. EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 04.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE