Panchayat:Repo18/Law Manual Page0304

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KERALA PANCHAYAT LAW MANUAL

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in Ummer Farookh v. Station House Officer and Others the question of unauthorised parking of autorickshaws in the space between road and shop causing inconvenience to public arose. Herein the Court held that the space in question cannot be used by anybody as a parking stand either for autorickshaws or any other vehicle unless the same is notified as a parking stand. If there is not enough space for smooth traffic and if parking vehicles will hinder the use of road, no parking space shall be allotted in that place. - Ummer Farookh v. Station House Officer and Others -- 2014 (1) KHC 317 : 2014 (1) KLD 220 : 2014 (2) KLJ 199.

Though Panchayath has power to establish auto rickshaw stands, such power cannot include a power to restrict entry of auto rickshaws from outside the limits of the Panchayat for the purpose of conducting auto rickshaw service in any Panchayat area. – Rajesh K. R. v. Bharananganam Grama Panchayath and Others - 2013 (1) KHC 172 : 2013 (1) KLT 426 : 2013 (1) KLJ 506.

Panchayat Raj (Landing Places, Halting Places, Cart Stands And Other Vehicle Stands) Rules, 1995 (Kerala) - R.3, R.4, R.5 - Shifting of parking of vehicles to the taxi stand - It is approved by the Regional Transport Authority - Public notice - Not required - It is not bound to hear objections. In this case all formalities scrupulously have been carried out, Ext.P6 cannot be termed as irregular. In the matter of cart stands and other vehicles, the relevance of a clearance by the R.T.A. is difficult to be appreciated. The local authority is the best judge in the matter. The Government will do well to look into the statutory provisions, whereunder unnecessary formalities and restraints are prescribed. – Sunny Joseph v. State of Kerala – 2003 (3) KLT 247.

Shifting of bus stop - Right of the Panchayat to prescribe restrictions or change in public interest explained. - Sukumaran Nair v. Secretary Vazhoor Grama Panchayat - 2003 (2) KLT 903 : 2003 (2). KLJ 212.

S. 227 of the Kerala Panchayat Raj Act points out that previous sanction of the Regional Transport Authority is to be obtained before any stand or halting place for motor vehicles is opened. Almost identical provisions are there in R.344 of the Kerala Motor Vehicles Rules. However, it will be appropriate that the legal formalities are complied with and a permanent arrangement is brought about. Consultation with R.T.A. appears to be mandatory. - Abdurahiman v. Vengara Grama Panchayat - 2001 (2) KLT SN. 107 P. 85.

Liability of State Road Transport Corporation to pay fee arises even if the bus stand does not conform with the statutory definition - Even if the bus stand provided by the Panchayat does not answer the definition of a bus stand, that does not lead to the exoneration of the State Road Transport Corporation as regards its liability for the fee. Irrespective of the question whether the bus stand will be one which would come within the term cart stand referred to in R.10, the fee would be payable even if the place is only a public halting place. - K.S.R.T.C. v. Mohammed - 1983 KLT 270 : ILR 1984 (1) Ker.735.

Imposition of restriction on parking of taxi motor cars is illegal – The motor cars used as taxis are not stage carriages within the meaning of the said expression as defined in the Motor Vehicles Act, 1939. The impugned notification is so far as it takes within its scope motor vehicles other than stage carriages is, therefore, clearly in excess of the power conferred by Rule 8 and it is to that extent without jurisdiction and void. - Sukumaran v. Exe. Officer – 1980 KLT 30.

Bus-stand - Levy of fee-Abus plying through a Panchayat is not bound to pay stand fee when the bus does not park there – 'Bus-stand' meaning of - It is not open to the Panchayat to provide a bus stand in a spot where it chooses, irrespective of the convenience of the vehicle that travels a specified route and insist upon the vehicle halting at the provided bus stand. A bus stand means a place where a bus service commenced or terminated. What the Panchavat provided cannot be regarded as a 'bus sta and it cannot take action for non-payment. - State v. Elappara Panchayat - ILR 1978 (1) Ker. 431.

Establishment of bus stand - Determination of place – Whether panchayat can initiate proposal - Motor Vehicles Act, 1939, S.76 - Either the Panchayat or the Motor Vehicles Department may initiate steps for determining the place of a bus stand. – 1979 KLT SN.101 P.48.

O Proposal of panchayat for acquiring site for taxi stand - District Panchayat Officer has to consider the proposal independently. He cannot passively carry out the decision taken by the Government in the matter. – Payyannur Panchayat v. State of Kerala – 1976 KLT 831.

Notification prohibiting taxi motor cars from using any place other than the one provided by panchayat - It is without jurisdiction - Rules do not permit any prohibition or restriction in respect of the parking of motor vehicles other than stage carriers. - Sukumaran & Ors. V. Ex. Officer, Poothrikka Panchayat - 1979 KLT SN.152 P.70.