The Chamber of Commerce & Industry v. The District Collector
2005-09-27
P.SATHASIVAM, S.K.KRISHNAN
body2005
DigiLaw.ai
Judgment :- (Writ Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the respondent to permit the buses to come inside the Kovilpatti Main Road.) P. Sathasivam, J The Chamber of Commerce and Industry, Kovilpatti, through its Vice President D.Rajadurai, has filed the above writ petition as a PIL seeking to issue a writ of mandamus directing the respondent, namely District Collector, Tuticorin District, to permit the buses to come inside the Kovilpatti Main Road. 2. In the affidavit filed in support of the above writ petition, it is stated that Kovilpatti is situated in the National Highways between Tirunelveli and Madurai and all the buses from Tirunelveli to Madurai should cross Kovilpatti through bye-pass. There are three main entrances to the town of Kovilpatti and in all the three entrances, railway track is crossing and therefore a decision was taken by the Government to construct two over bridges, one in the west entrance and the other at the east entrance of the town, thereby entry of vehicular traffic through both these roads has been stopped for more than two years and all the buses coming from the western and eastern sides of Kovilpatti are now coming through only one entrance, namely Ilayarasanenthal. The respondent by Resolution dated 24.01.2004 had stopped the entry of buses into the Kovilpatti bus stand and the buses were made to stop outside the Kovilpatti town in a temporary bus stand without any proper facility. The said temporary bus stand is about two kilometres away from the main bus stand and all the passengers will have to catch another bus or auto rickshaw to go the temporary bus stand. When the said Resolution was challenged in a writ petition, the said writ petition was dismissed by this Court (Principal Bench) on the undertaking given by the Government that the project will be completed within a period of one year. Even though more than one year has passed after the judgment of the Division Bench, the respondent has not even completed 50% of the work and it will take another two years to complete the construction. In view of the delay in completion of the project, the general public and the traders are put to irreparable loss as no transport movement is permitted inside the town. Hence the present writ petition. 3.
In view of the delay in completion of the project, the general public and the traders are put to irreparable loss as no transport movement is permitted inside the town. Hence the present writ petition. 3. Pursuant to the rule nisi, the respondent, namely District Collector, Tuticorin District, has filed a counter affidavit wherein it is stated that Kovilpatti town is situated in Tuticorin District and it is the second largest town in the District. It has a population of around one lakh, besides a considerable floating population. Kovilpatti is a commercial town, situated in between Madurai and Tiruneveli and Madurai and Tuticorin. Kovilpatti being one of the oldest town, the roads are very narrow. The bus stand in the town is situated in the main road, which is of an extent of about 1.6 acres. Having regard to the congestion in the town and also the increasing traffic through public transport, namely buses, which ply from or through Kovilpatti, the Municipality considered the matter and resolved on 15.11.2000 by passing Resolution No.965 of 2000 to have an additional bus stand in Kovilpatti. While so, the Railway took up the construction of ove bridges in Kovilpatti. On account of the said fact, the traffic movement in Kovilpatti became very congested and particularly the buses were interfering with the flow of traffic, the Municipality passed a Resolution on 19.12.2002 in Resolution No.2105 of 2002 to have a temporary bus stand in the bye-pass road which was to function until the completion of over bridges. It is further stated that when the aforesaid resolution was sought to be implemented, writ petitions namely, W.P.No.6570 of 2003, etc. were filed questioning the aforesaid resolution and when it was brought to the notice of the Court that the proposal to construct temporary bus stand in the bye-pass road was only temporary, pending construction of three bridges, this Court was pleased to pass an order on 17.04.2003 permitting the temporary bus stand to be located for a temporary period, pending construction of three railway over bridges. Thereafter, the petitioner filed W.P.No.3270 of 2004 questioning the construction of temporary bus stand. The said writ petition was also dismissed after recording the stand taken by the respondent. Subsequently, writ petitions filed by the bus operators were also dismissed by this Court.
Thereafter, the petitioner filed W.P.No.3270 of 2004 questioning the construction of temporary bus stand. The said writ petition was also dismissed after recording the stand taken by the respondent. Subsequently, writ petitions filed by the bus operators were also dismissed by this Court. At present, the buses coming from the eastern direction are allowed to go into the old bus stand, while buses from the other directions are to go to the temporary bus stand. The above writ petition has been filed on misconception of the orders passed by this Court. Action is being taken to request the Railway Administration to complete the construction work as early as possible. 4. The information furnished by the Collector, Tuticorin District, clearly show that the creation of temporary bus stand is to ease the traffic congestion till the completion of construction of three railway over bridges and the same was in public interest. It is also not in dispute that several writ petitions had been filed questioning the resolution of the Municipality to erect temporary bus stand, by the petitioner as well as others, including bus operators and those petitions were dismissed by this Court. Though the learned counsel for the petitioner raised an objection that in the absence of concrete information regarding the stage of the construction of over bridges, positive direction may be issued for completion of the same, in a matter like this, without full details, it is pot desirable to issue such a positive direction, as observed in the earlier orders by this Court. In view of the statement made by the District Collector that action is being taken to request the Railway Administration for early completion of the construction, we are of the view that no further direction is required as claimed by the petitioner. This Court hopes that on early completion of the over bridges in question, as undertaken by the District Administration, the buses will be allowed to main road and use the old bus stand, without further delay. 5. With the above observation, the writ petition is disposed of. No costs. Connected WPMP (MD) No.4376 of 2005 is closed.