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Kerala High Court

Lakshmanan vs Regional Transport Officer on 4 April, 2017

Author: P.B.Suresh Kumar

Bench: P.B.Suresh Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939

                  WP(C).No. 11734 of 2017 (N)
                   ---------------------------


PETITIONERS:
------------

     1.    LAKSHMANAN,
           S/O.KRISHNAN, KUZHINJAL HOUSE,
           ALLIANCE STREET, MANNUTHY PO,
           TRICHUR.

     2.    RINEESHA  XAVIER,
           PALLIPPADAN HOUSE, ARANATTUKARA,
           TRICHUR.

     3.    SARATH, VAZHAPPULLY HOUSE,
           OLARIKKARA, TRICHUR.

     4.    RAGESH M.U., MENOTHPARAMBIL HOUSE,
           PULLAZHY, TRICHUR.

     5.    JAMES, KAREDAN HOUSE,
           ANCHERY PO, TRICHUR.

     6.    PRAJEESH,
           MUNDAYOOR VALAPPIL HOUSE, ADATT,
           TRICHUR.

     7.    SREEJITH, THEKKEDATH HOUSE,
           MATTAMPURAM, KURICHIKKANAM,
           TRICHUR.

     8.    SREEMATHI,ALUKKAL HOUSE,
           ARANATTUKARA, TRICHUR.

     9.    SUJITH KUMAR, VALANKATTIL HOUSE,
           AYYANTHOLE PO, TRICHUR.

     10.   NIJO THOMAS, THAIKKADAN HOUSE,
           VILLADAM, TRICHUR.

     11.   KUMARAN P,
           NELLIYIL HOUSE, KUTTOOR, TRICHUR.

                                                           --2--

                              --2--

WP(C).No. 11734 of 2017 (N)
---------------------------

     12.   BAIJU K.A, KUTTIKKATTU HOUSE,
           PULLZHI PO, ELTHURUTH, TRICHUR.

     13.   PRASANTH,  ALUKKAL HOUSE,
           MAITHRI LANE, KIZHAKKEPURAM, TRICHUR.

     14.   GIRIJA, PALLATH HOUSE,
           CHETTUPUZHAM, MANAKODY PO, TRICHUR.

     15.   SIJO,  CHITTILAPPILLY HOUSE,
           KURIACHIRA PO, TRICHUR.

     16.   JERALD SUNNY,
           PULIKKODAN HOUSE EAST FORT PO,
           CHEMBUKKAVU, TRICHUR.

     17.   DEVI M.S.,
           MADTHIL HOUSE, THRIKKUMARAKUDAM,
           AYYANTHOLE PO, TRICHUR.

     18.   POORNIMA ANTONY,
           PALLIPURATHUKARAN HOUSE, EP LANE,
           KEERAMKULANGARA, TRICHUR.

     19.   V.D.DESON, VELOOKARAN HOUSE,
           OLARIKARA, TRICHUR.

     20.   RINTO, THATTIL KUPPAYIL HOUSE,
           MARATHAKKARA PO,TRICHUR.

     21.   ABEESH P.C,  PANDIYATH HOUSE,
           PUTTEKARA, KAIPARAMBU, TRICHUR.

     22.   JAYAN K.S, KOTTIYATTIL HOUSE,
           PULLAZHY.P.O., OLARIKKARA, TRICHUR.

     23.   MOHANAN V.V.
           VAKKATT HOUSE, AYYANTHOLE, TRICHUR.

     24.   PRASAD THILAKAN, KOLANGARA VEEDU,
           KAYYALA ROAD, PULLAZHY PO., TRICHUR.

     25.   AKSHAY KRISHAN K.A.
           KALARIKKAL, SOORYA GARDENS,
           TRICHUR CITY PO, TRICHUR.

     26.   ASHOKAN K.G., KUTTICHIRA HOUSE,
           ANCHERY PO, MAIYAPURAM, TRICHUR.

     27.   SMITHESH, KOCHERI HOUSE,
           KUTTANELLUR PO, TRICHUR.
                                                    --3--

                              --3--

WP(C).No. 11734 of 2017 (N)
---------------------------

     28.   VENU.M.S, MAKKOTH HOUSE,
           ANCHERY PO, NEAR KUNDOLI TEMPLE,
           OLLUR, TRICHUR.

     29.   NARAYADAS P.V., POYYARA HOUSE,
           PEROORKULANGARA, TRICHUR.

     30.   VARGHESE,
           PULIKKAN HOUSE, OLLUR PO, TRICHUR.

     31.   VIJO, CHITTILAPPILLY HOUSE,
           ARIMPUR PO, TRICHUR.

     32.   SANTHOSH KUMAR C.B,
           CHULLIPARAMBIL HOUSE, PALAKKAL PO,
           TRICHUR.

     33.   CHANDRAN,   THATTIL HOUSE,
           CHAZHAOOR PO,TRICHUR.


            BY ADV. SRI.P.K.ANIL

RESPONDENTS:
------------

     1.    REGIONAL TRANSPORT OFFICER,
           THRISSUR - 680 609,
           REPRESENTED BY ITS SECRETARY.

     2.    THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY,
           THRISSUR - 680 609.

     3.    THE REGIONAL TRANSPORT OFFICER,
           THRISSUR - 680 609.

     4.    THE THRISSUR CORPORATION, THRISSUR,
           REPRESENTED BY ITS SECRETARY - 680 020.

     5.    THE SECRETARY, THRISSUR CORPORATION,
           M.O.ROAD, THRISSUR  - 680 0020.


           R1 TO R3 BY  SENIOR GOVT. PLEADER SMT.C.S.SHEEJA
           R4 & R5  BY ADV. SRI. SANTHOSH P.PODUVAL, SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
       ON  04-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:
mbr/

WP(C).No. 11734 of 2017 (N)
----------------------------

                            APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1:     TRUE COPY OF THE AADHAR CARD OF THE
                1ST PETITIONER.

EXHIBIT P2:     TRUE COPY OF THE AADAHAR CARD OF THE
                2ND PETITIONER.

EXHIBIT P3:     TRUE COPY OF THE ELECTION IDENTITY CARD OF THE
                3RD PETITIONER.

EXHIBIT P4:     TRUE COPY OF THE DRIVING LICENCE OF THE
                4TH PETITIONER.

EXHIBIT P5:     TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.

EXHIBIT P5(A):  TRUE COPY OF THE REGISTRATION PERMIT ISSUED BY
                THE 2ND RESPONDENT TO THE 5TH PETITIONER.

EXHIBIT P6:     TRUE COPY OF THE ELECTION IDENTITY CARD OF THE
                6TH PETITIONER.

EXHIBIT P7:     TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 7TH PETITIONER.

EXHIBIT P8:     TRUE COPY OF THE AADHAR CARD OF THE
                8TH PETITIONER.

EXHIBIT P9:     TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 9TH PETITIONER.

EXHIBIT P9(A):  TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 9TH PETITIONER.

EXHIBIT P10:    TRUE COPY OF THE ELECTION IDENTITY CARD OF THE
                10TH PETITIONER.

EXHIBIT P11:    TRUE COPY OF THE ELECTION IDENTITY CARD OF THE
                11TH PETITIONER.

EXHIBIT P12:    TRUE COPY OF THE AADHAR CARD OF THE
                12TH PETITIONER.

EXHIBIT P13:    TRUE COPY OF THE AADHAR CARD OF THE
                13TH PETITIONER.

EXHIBIT P14:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 14TH PETITIONER.

                                                           --2--

                             --2--

WP(C).No. 11734 of 2017 (N)
---------------------------

EXHIBIT P14(A): TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 14TH PETITIONER.

EXHIBIT P15:    TRUE COPY OF THE AADHAR CARD OF THE
                15TH PETITIONER.

EXHIBIT P16:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 16TH PETITIONER.

EXHIBIT P17:    TRUE COPY OF THE ELECTION IDENTITY CARD OF THE
                17TH PETITIONER.

EXHIBIT P18:    TRUE COPY OF THE AADHAR CARD TO THE
                18TH PETITIONER.

EXHIBIT P19:    TRUE COPY OF THE DRIVING LICENSE OF THE
                19TH PETITIONER.

EXHIBIT P20:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 20TH PETITIONER.

EXHIBIT P20(A): TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 20TH PETITIONER.

EXHIBIT P21:    TRUE COPY OF THE DRIVING LICENCE OF THE
                21ST PETITIONER.

EXHIBIT P22:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 22ND PETITIONER.

EXHIBIT P22(A): TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 22ND PETITIONER.

EXHIBIT P23:    TRUE COPY OF THE DRIVING LICENSE THE
                23RD PETITIONER.

EXHIBIT P24:    TRUE COPY OF THE AADHAR CARD OF THE
                24TH PETITIONER.

EXHIBIT P25:    TRUE COPY OF THE AADHAR CARD OF THE
                25TH PETITIONER.

EXHIBIT P26:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE  2ND RESPONDENT TO THE 26TH PETITIONER.

EXHIBIT P26(A): TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 26TH PETITIONER.

EXHIBIT P27:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 27TH PETITIONER.

                                                           --3--

                              --3--

WP(C).No. 11734 of 2017 (N)
---------------------------

EXHIBIT P27(A): TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 27 THE PETITIONER.

EXHIBIT P28:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 28TH PETITIONER.

EXHIBIT P28(A): TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 28TH PETITIONER.

EXHIBIT P29:    TRUE COPY OF THE DRIVING LICENSE OF THE
                29TH PETITIONER.

EXHIBIT P30:     TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 30TH PETITIONER.

EXHIBIT P30(A): TRUE COPY OF THE PERMIT OF THE 30TH PETITIONER.

EXHIBIT P31:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 31ST PETITIONER.

EXHIBIT P31(A): TRUE COPY OF THE PERMIT ISSUED BY THE
                2ND RESPONDENT TO THE 31ST PETITIONER.

EXHIBIT P32:    TRUE COPY OF THE DRIVING LICENCE OF THE
                32ND PETITIONER.

EXHIBIT P33:    TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
                BY THE 2ND RESPONDENT TO THE 33RD PETITIONER.

EXHIBIT P33(A): TRUE COPY OF THE REGISTRATION CERTIFICATE AND
                PERMIT ISSUED BY THE 2ND RESPONDENT TO THE
                33RD PETITIONER.

EXHIBIT P34:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.1 TO THE 1ST RESPONDENT.

EXHIBIT P35:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.2 TO THE 1ST RESPONDENT.

EXHIBIT P36:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.3 TO THE 1ST RESPONDENT.

EXHIBIT P37:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO. 4 TO THE 1ST RESPONDENT.

EXHIBIT P38:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.5 TO THE 1ST RESPONDENT.

EXHIBIT P39:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO. 6 TO THE 1ST RESPONDENT.

                                                            --4--

                             --4--

WP(C).No. 11734 of 2017 (N)
---------------------------

EXHIBIT P40:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.7 TO THE 1ST RESPONDENT.

EXHIBIT P41:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.8 TO THE 1ST RESPONDENT.

EXHIBIT P42:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.9 TO THE 1ST RESPONDENT.

EXHIBIT P43:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.10 TO THE 1ST RESPONDENT.

EXHIBIT P44:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.11 TO THE 1ST RESPONDENT.

EXHIBIT P45:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.12 TO THE 1ST RESPONDENT.

EXHIBIT P46:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.13 TO THE 1ST RESPONDENT.

EXHIBIT P47:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.14 TO THE 1ST RESPONDENT.

EXHIBIT P48:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.15 TO THE 1ST RESPONDENT.

EXHIBIT P49:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.16 TO THE 1ST RESPONDENT.

EXHIBIT P50:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.17 TO THE 1ST RESPONDENT.

EXHIBIT P51:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.18 TO THE 1ST RESPONDENT.

EXHIBIT P52:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.19 TO THE 1ST RESPONDENT.

EXHIBIT P53:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.20 TO THE 1ST RESPONDENT.

EXHIBIT P54:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.21 TO THE 1ST RESPONDENT.

EXHIBIT P55:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.22.

EXHIBIT P56:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.23.

                                                           --5--

                             --5--

WP(C).No. 11734 of 2017 (N)
---------------------------

EXHIBIT P57:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.24.

EXHIBIT P58:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.25.

EXHIBIT P59:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.26.

EXHIBIT P60:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.27.

EXHIBIT P61:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.28.

EXHIBIT P62:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.29.

EXHIBIT P63:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.30.

EXHIBIT P64:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.31.

EXHIBIT P65:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.32.

EXHIBIT P66:    TRUE COPY OF THE APPLICATION SUBMITTED BY THE
                PETITIONER NO.33.

EXHIBIT P67:    TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT
                APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011.

EXHIBIT P68:    TRUE COPY OF THE JUDGMENT IN WP(C) NO.20209/15
                OF THIS HON'BLE COURT.

EXHIBIT P69:    TRUE COPY OF THE JUDGMENT IN WP(C) NO.15267/16
                OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS:          NIL.


                                           //TRUE COPY//


                                           P.S. TO JUDGE
mbr/



                   P.B.SURESH KUMAR, J.

           ------------------------------------------

                 WP(C).No.11734 of 2017

           ------------------------------------------

            Dated this the 4th day of April, 2017


                         JUDGMENT

The petitioners are plying autorikshaws in Thrissur district. They submitted Exts.P34 to P66 applications before the first respondent for variation of the halting place mentioned in their permits. The grievance of the petitioners is that the first respondent is not accepting the said applications. The petitioners seek directions to the first respondent to accept Exts.P34 to P66 applications and dispose of the same in the light of the decision of this Court in Rajesh v. Secretary, R.T.A. (2014 (3) KLT 341).

2. Heard the learned counsel for the petitioners as also the learned Government Pleader.

3. It is seen that Rajesh v. Secretary, R.T.A. (supra) is a case wherein this Court had dealt with WP(C).No.11734 of 2017 -2- the grievance identical to the grievance of the petitioners herein.

In the circumstances, the writ petition is disposed of permitting the petitioners to prefer applications again in the prescribed form for the said purpose along with the fees payable for the same. If the applications as directed above are submitted by the petitioners within a week from the date of receipt of a copy of this judgment, with the prescribed fee, the first respondent shall consider the same on merits, in the light of the decision in Rajesh v. Secretary, R.T.A. (supra), within a week thereafter.

Sd/-

P.B.SURESH KUMAR JUDGE bpr