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[Cites 1, Cited by 0]

Kerala High Court

Sathyan vs Regional Transport Authority on 24 September, 2016

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 28TH DAY OF FEBRUARY 2017/9TH PHALGUNA, 1938

                   WP(C).No. 6567 of 2017 (U)
                   ---------------------------


PETITIONER(S):
-------------

         1. SATHYAN,
            PAMBUMKATTIL HOUSE, MADATHARA P.O.,
            TRICHUR DISTRICT.

          2. V.BALAN,
            MECHERY HOUSE, KOTTAPURAM ROAD, TRICHUR.

          3. A.S.JAYAN,
            ATTAMPULLY HOUSE, NELLANKARA, TRICHUR.

          4. RAJU M.P.,
            44/269, MANALOIPARAMBIL HOUSE,
            NEDUPUZHA, TRICHUR.

         5. VINU,
            KANNAMPUZHA HOUSE, ELTHURUTHU P.O.,
            TRICHUR.

         6. JITHISH T.S.,
            THATTUPARAMBIL HOUSE, ELTHURUTHU P.O.,
            TRICHUR.

         7. NIMESH V.A.,
            VALLATHUPARAMBIL HOUSE,
            MANAKODY P.O., TRICHUR.

         8. SAHAJI T.B.,
            46/223, THAIVALAPPIL HOUSE,
            CHETTUPUZHA, TRICHUR.

         9. JOSE,
            KUNDUKULANGARA HOUSE,
            VELUTHUR P.O., TRICHUR.

         10. KOCHAPPU,
            KUNDUKULANGARA HOUSE,
            AYYANTHOLE P.O., TRICHUR.

SKG

WP(C).No. 6567 of 2017 (U)
---------------------------


        11. DAVIS,
            P.C RAMANGALAN HOUSE, ADATT, TRICHUR.

        12. RONALD M.G.,
            MUTHIRAPARAMBIL HOUSE, ANCHERY P.O.,
            TRICHUR.

        13. JOSE,
            VILAYIL HOUSE, AYYANTHOLE G.P,
            TRICHUR.

        14. VINU VENUGOPAL,
            VELLAIKKAL HOUSE, EAST FORT,
            RAJERSHI LANE, 15TH STREET,
            KIZHAKKANPATTUKARA, TRICHUR.

        15. RAJESH,
            ADIYOLI HOSUE, KANDANNUR P.O.,
            TRICHUR.

        16. ALBIN JOSE T.,
            THAIKADAN HOUSE, VILLADAM,
            T C PURAM P.O., TRICHUR.

        17. VALSAKUMAR,
            880, CHELOOKKARAN HOUSE,
            NADATHARA, TRICHUR.

        18. VINOD V.,
            VETIYATTIL HOUSE, CHEROOR P.O.,
            TRICHUR.

        19. MAGEESH O.K.,
            OPTILAKATHE HOUSE, AYHYANTHOLE P.O.,
            PUTHURKARA, TRICHUR.

        20. DAVIS,
            3/226, ALUKKAPARAMHIL HOUSE,
            OLLUKKARA P.O., TRICHUR.

        21. SHANAVAS M.,
            615, NETATH KALAM HOUSE,
            NADATHARA, TRICHUR.

        22. SIJI,
            61B, MALIYEKKAL HOUSE,
            OLLUKARA GRAMA PANCHAYATH, TRICHUR.

        23. PRAMOD,
            PUTHENCHIRA HOUSE, CHIYARAM P.O.,
            TRICHUR.
SKG

WP(C).No. 6567 of 2017 (U)
---------------------------

        24. B.MOHANDAS,
            CHENCHERY HOUSE, ANCHERY P.O., TRICHUR.

        25. WILSON,
            MANUVELYPARAMBIL HOUSE,
            ERAVIMANGALAM P.O., TRICHUR.

        26. K.M.VALSON,
            KARAMPARAMBIL HOUSE, ARANATTUKARA,
            KIZHAKEPURAM, TRICHUR.

        27. VIMOJ A.N.,
            ANTHIKAT HOUSE, SHANKARAYYAR ROAD,
            POOTHOLE P.O., TRICHUR.

        28. JOY A.K.,
            ANBAZHAKADAN HOUSE, KUNNATHUMKARA,
            OLLUKARA P.O., TRICHUR.

        29. RAPPAIKUTTY,
            TATTIL EIYYU HOUSE,
            OLLUR P.O., TRICHUR.

        30. RAJESH,
            1/778, KOCHUPURAKKAL HOUSE,
            ASARIKKAD P.O., CHERUMKUZHYU,
            MANAMANGALAM VILLAGE, TRICHUR.

        31. PRASAD KUMAR V.,
            CHENCHERY HOSUE, POLOOKKARA,
            ERAVIMANGALAM P.O., TRICHUR.

        32. SHIHAB,
            PALLIPHOMGAN HOUSE, KRISHNAPURAM KALTHOD P.O.,
            OLLUKARA, TRICHUR.

        33. SUDHEER K.B.,
            KIZHAKEPURAKKAL HOUSE,
            AYYANTHOLE P.O., TRICHUR.

        34. LINTO JOSE.,
            NELLISERY HOUSE, CHIYYARAM P.O., TRICHUR.


            BY ADV. SRI.P.K.ANIL




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WP(C).No. 6567 of 2017 (U)
---------------------------

RESPONDENT(S):
--------------

         1. REGIONAL TRANSPORT AUTHORITY,
            THRISSUR - 680 609,
            REP. 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, REP. BY ITS SECRETARY - 680 020.

         5. THE SECRETARY,
            THRISSUR CORPORATION,
            M.O.ROAD, THRISSUR - 680 020.



        R1-R3 BY SENIOR GOVERNMENT PLEADER SMT. C.S.SHEEJA
        R4,R5  BY ADV. SRI. SANTHOSH P.PODUVAL, SC.

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
       ON 28-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:
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WP(C).No. 6567 of 2017 (U)
---------------------------

                            APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

P1             TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE PETITIONER.

P1(A)          TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 2ND PETITIONER.

P2             TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 2ND PETITIONER.

P2(A)          TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

P3             TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 3RD PETITIONER.

P3(A)          TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.

P4             TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 4TH
               PETITIONER.

P5             TRUE COPY OF THE AADHAR CARD OF THE 5TH
               PETITIONER.

P6             TRUE COPY OF THE DRIVING LICENCE THE 6TH
               PETITIONER.

P7             TRUE COPY OF THE DRIVING LICENCE OF THE 7TH
               PETITIONER.

P8             TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 8TH
               PETITIONER.

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

P9(A)          TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
              RESPONDENT TO THE 10TH PETITIONER.

P10            TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 10TH PETITIONER.


SKG

WP(C).No. 6567 of 2017 (U)
---------------------------

P10(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 10TH PETITIONER.

P11            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 11TH PETITIONER.

P11(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 11TH PETITIONER.

P12            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 12TH PETITIONER.

P12(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 12TH PETITIONER.

P13            TRUE COPY OF THE REGISTRATION CERTIFICATE 1 ISSUED
               BY THE 2ND RESPONDENT TO THE 13TH PETITIONER.

P13(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 13TH PETITIONER.

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

P14(A)         TRUE COPY OF THE REGISTRATION CERTIFICATE AND
               PERMIT ISSUED BY THE 2ND RESPONDENT OT THE 14TH
               PETITIONER.

P15            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 15TH PETITIONER.

P15(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 15TH PETITIONER.

P16            TRUE COPY OF THE AADHAR CARD OF THE 16TH
               PETITIONER.

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

P18            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 18TH PETITIONER.

P18(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 18TH PETITIONER.

P19            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 19TH PETITIONER.

P19(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 19TH PETITIONER.
SKG

WP(C).No. 6567 of 2017 (U)
---------------------------

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

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

P21            TRUE COPY OF THE ELECTION IDENTITY CARD OF THE
               PETITIONER NO.21.

P22            TRUE COPY OF THE ELECTION IDENTITY CARED OF THE
               22ND PETITIONER.

P23            TRUE COPY OF THE REGISTRATION CERTIFICATE AND
               PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD
               PETITIONER.

P23(A)         TRUE COPY OF THE REGISTRATION CERTIFICATE AND
               PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD
               PETITIONER.

P24            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE PETITIONER.

P25            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 25TH PETITIONER.

P25(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 25TH PETITIONER.

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

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

P27            TRUE COPY OF THE DRIVING LICENCE OF THE 27TH
               PETITIONER.

P28            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 31ST PETITIONER.

P28(A)         TRUE COPY OF THE DRIVING LICENCE OF THE 32ND
               PETITIONER.

P29            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE 33RD PETITIONER.

P29(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE 33RD PETITIONER.

P30            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE PETITIONER NO. 30.
SKG

WP(C).No. 6567 of 2017 (U)
---------------------------


P30(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE PETITIONER NO. 30.

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

P31(A)         TRUE COPY OF THE REGISTRATION CERTIFICATE AND
               PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 31ST
               PETITIONER.

P32            TRUE COPY OF THE REGISTRATION CERTIFICATE AND
               PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 32ND
               PETITIONER.

P32(A)         TRUE COPY OF THE REGISTRATION CERTIFICATE AND
               PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 32ND
               PETITIONER.

P33            TRUE COPY OF THE DRIVING LICENCE OF THE 33RD
               PETITIONER.

P34            TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED
               BY THE 2ND RESPONDENT TO THE PETITIONER NO.34.

P34(A)         TRUE COPY OF THE PERMIT ISSUED BY THE 2ND
               RESPONDENT TO THE PETITIONER NO.34.

P35            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 1 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P36            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 2 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P37            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 3 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P38            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 4 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P39            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 5 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P40            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 6 TO THE 1ST RESPONDENT DATED
               24.9.2016.
SKG

WP(C).No. 6567 of 2017 (U)
---------------------------


P41            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 7 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P42            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 8 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P43            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 9 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P44            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 10` TO THE 1ST RESPONDENT DATED
               24.9.2016.

P45            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 11 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P46            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO.12 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P47            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 13 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P48            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 14 TO THE 1ST RESPONDENT DATED
              24.9.2016.

P49            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 15 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P50            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 16 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P51            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 17 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P52            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 18 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P53            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 19 TO THE 1ST RESPONDENT DATED
               24.9.2016.
SKG

WP(C).No. 6567 of 2017 (U)
---------------------------


P54            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 20 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P55            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 21 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P56            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 22 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P57            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 23 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P58            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 24 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P59            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 25 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P60            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 26 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P61            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 27 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P62            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 28 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P63            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 29 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P64            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 30 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P65            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 31 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P66            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 32 TO THE 1ST RESPONDENT DATED
               24.9.2016.

SKG

WP(C).No. 6567 of 2017 (U)
---------------------------



P67            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 33 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P68            TRUE COPY OF THE APPLICATION FILED BY THE
               PETITIONER NO. 34 TO THE 1ST RESPONDENT DATED
               24.9.2016.

P69            TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT
               APPELLATE TRIBUNAL, ERNAKULAM IN MVAA. 417/2011.

P70            TRUE COPY OF THE JUDGMENT IN WPC NO. 20209/15 OF
               THIS HON'BLE COURT.

P71            TRUE COPY OF THE JUDGMENT IN WPC.NO. 15267/16 OF
               THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS
-----------------------                NIL

                                 /TRUE COPY/



                                P.S. TO JUDGE
SKG



                   P.B. SURESH KUMAR, J.

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

                  W.P.(C) No.6567 of 2017

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

         Dated this the 28th day of February, 2017

                          JUDGMENT

The petitioners are plying autorikshaws in Thrissur district. They submitted Exts.P35 to P68 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.P35 to P68 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 W.P.(C) No.6567 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.

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