Kerala High Court
Shaju C.T vs Regional Transport Authority on 22 September, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939
WP(C).No. 36993 of 2017 (Y)
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PETITIONERS:
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1. SHAJU C.T., AGED 49 YEARS,
S/O.THOMAS, CHITTILAPPILLY HOUSE,
KRISHNAPURAM, OLLUKKARA P.O.,
THRISSUR-680655.
2. SIMON, S/O.YOHANAN,
MURIYADAN HOUSE, OLLUKKARA P.O.,
THRISSUR-680655.
3. RAVI, S/O.VELAYUDHAN,
KUNNATH HOUSE, NELLIKUNNU KARA,
THRISSUR-680005.
4. JINO PAUL C., S/O.PAILOTH,
CHIRIYANKANDATH HOUSE,
EAST FORT P.O., VYLOPPILLY NAGAR,
NELLANKARA, THRISSUR-680005.
5. MOHANAN M.K.,S/O.KOCHURAMAN,
MANGADAN HOUSE, PALLAN COLONY,
ANCHERY, THRISSUR-680006.
BY ADV. SRI.V.A.VINOD
RESPONDENTS:
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1. REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, AYYANTHOLE P.O.,
THRISSUR-680609, REP. BY ITS SECRETARY.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, AYYANTHOLE P.O., THRISSUR-680609
3. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION,
AYYANTHOLE P.O., THRISSUR-680609.
4. THE THRISSUR CORPORATION,
MUNICIPAL OFFICE ROAD, THRISSUR-680001,
REP. BY ITS SECRETARY.
5. THE SECRETARY, THRISSUR CORPORATION,
MUNICIPAL OFFICE ROAD, THRISSUR-680001.
R1-R3 BY SR. GOVERNMENT PLEADER SRI.K.P.HARISH
R4-R5 BY ADV. SRI. SANTHOSH P.PODUVAL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17-11-2017, ALONG WITH WPC.36997/2017 & WPC.37045/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 36993 of 2017 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE
NO. KL-25-C-8431 IN THE NAME OF 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE
NO. KL-08-AZ-1182 IN THE NAME OF 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE
NO. KL-48-A-9918 IN THE NAME OF 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE
NO. KL-08-BH-856 IN THE NAME OF 4TH PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE
NO.KL-08-BK-2647 IN THE NAME OF 5TH PETITIONER.
EXHIBIT P6 TRUE COPY OF THE PERMIT NO.P.CO 8/1836/2015 ISSUED BY
THE 2ND RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P7 TRUE COPY OF THE PERMIT NO.P.CO 8/5566/2012 ISSUED BY
THE 2ND RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P8 TRUE COPY OF THE PERMIT NO.P.CO 8/897/2017 ISSUED BY
THE 2ND RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P9 TRUE COPY OF THE PERMIT NO.P.CO 8/4446/2015 ISSUED BY
THE 2ND RESPONDENT TO THE 4TH PETITIONER.
EXHIBIT P10 TRUE COPY OF THE PERMIT NO.P.CO 8/3895/2016 ISSUED BY
THE 2ND RESPONDENT TO THE 5TH PETITIONER.
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 22.09.2017
PREFERRED BY THE 1ST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE APPLICATION ALONG WITH REPRESENTATION
DATED 25.07.2017 PREFERRED BY THE 2ND PETITIONER.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 25.07.2017 ALONG
WITH APPLICATION PREFERRED BY THE 3RD PETITIONER.
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 22.08.2017 ALONG
WITH APPLICATION PREFERRED BY THE 4TH PETITIONER.
EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 25.07.2017 ALONG
WITH APPLICATION PREFERRED BY THE 5TH PETITIONER.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT
APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20209/15 OF
THIS HON'BLE COURT.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT IN WP(C).15267/16 OF THIS
HON'BLE COURT.
RESPONDENT(S)' EXHIBITS
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TRUE COPY
P.S. TO JUDGE
EL
SHAJI P. CHALY, J.
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W.P.(C) Nos.36993, 36997 & 37045 of 2017
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Dated this the 17th day of November, 2017
JUDGMENT
Petitioners are owners of autorickshaws bearing Nos.KL-25-C-8431, KL-08-AZ-1182 & KL-48-A-9918. The captioned writ petitions are materially connected in respect of non-receipt of applications seeking variation of conditions of permit by the petitioners. Apparently from the permits granted and produced along with the writ petitions as Exts.P6 to P10, it is evident that, petitioners are entitled to operate on all fit roads in Thrissur District but with a further rider that, they shall not pick up passengers or park vehicles from within the city. It is thus seeking variation of conditions of permit, applications are offered, which according to the petitioners, were not received. It is under these circumstances, seeking appropriate directions these writ petition are filed.
2. Having heard learned counsel for petitioners, counsel appearing for the 3rd respondent Municipality, and W.P.(C) Nos.36993, 36997 & 37045 of 2017 2 learned Senior Government Pleader, there will be a direction to the 3rd respondent to accept the applications, if any, offered by the petitioners within two weeks from the date of receipt of a copy of this judgment, which shall be considered by the 1st respondent in accordance with law and attain finality within six weeks from the date of receipt of the said applications, taking into account the proposition of law laid down by this court in this regard and after providing an opportunity of hearing to the petitioners as well as the Thrissur Municipal Corporation.
Writ petition is disposed of accordingly.
Sd/-
S HAJI P. CHALY J UDGE smv 17.11.2017