ARUN FRANCIS S/O FRANCIS et al. v. REGIONAL TRANSPORT AUTHORITY THRISSUR & OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** ## **WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939** ## **WP(C).No. 12008 of 2017 (A)** **----------------------------** ## **PETITIONER(S):** - **-------------** **1. ARUN FRANCIS S/O.FRANCIS, AGED 24 YEARS, MADATHIL PARAMBIL HOUSE, NEW GENERATION LANE, VELUTHUR VILLAGE, PARAKKAD P.O., TRICHUR.** **2. SEENA BABU** - **ACHATH HOUSE, NETTISSERY P.O., MADAKKATHARA, TRICHUR.** **3. JIS PAUL** - **CHIRAMMEL HOUSE, OLARIKKARA P.O., PULLAZHY, TRICHUR.** **4. RAJU MAMBULLY HOUSE, ASSARIMOOLA, MANAKKODY P.O., TRICHUR.** **5. SREEJITH S. THALAPPILLY HOUSE, VYLOPPILLY NAGAR,** - **2ND STREET, NALLENKARA EAST FORT P.O., TRICHUR.** **6. SOBHANA K. KUNNAMKAVIL HOUSE, PLAKKAT LANE, TRICHUR P.O., TRICHUR.** **7. BIJU P.C. PULPARAMBIL HOUSE, TRICHUR P.O. TRICHUR.** **8. PRASANTH A.D.** - **ALUKKAL HOUSE, KIZHAKKEPURAM, ARANATTUKARA P.O., TRICHUR.** **9. K.I.BAIJU KUTTIKKAT HOUSE, ELTHURUTH P.O., TRICHUR.** ## **10. JOY P.P. PARANGADAN HOUSE, ANCHERY P.O., TRICHUR.** **11. AKHIL C.P. CHEERAKUZHI HOUSE, MARATHAKAM ROAD, PURANATTUKARA P.O., TRICHUR.** ## **WP(C).No. 12008 of 2017 (A)** ## **----------------------------** **12. SUDHEESH N.C. NELLIPARAMBIL HOUSE, VELUMANPADI, CHAZHOOR P.O., TRICHUR.** **13. BEENA V.V.** - **THETTILA HOUSE, PERUNGOTTUKARA P.O., TRICHUR.** **14. BIJITH THARAYIL HOUSE, KANIMANGALAM P.O., TRICHUR.** **15. SILJI DEVASSY K. KANNAMPUZHA IKRAN HOUSE, PALAT HILL, OLLUR P.O., TRICHUR.** **16. SHYAM MAKKAL HOUSE, AYYANTHOLE P.O., TRICHUR.** **17. KRISHNALAL KOLANGAT HOUSE, PUTHOORKARA, AYYANTHOLE P.O., TRICHUR.** **18. LEKHA SREE RAMA VILASAM, PANCHIKKAL LANE, AYYANTHOLE P.O., TRICHUR.** **19. LIBIN A.P.** - **ALAPPAT HOUSE, KUTTUR P.O., TRICHUR.** **20. P.K.SREEDEVI** - **PUTHUPURA HOUSE, PULLAZHI P.O., TRICHUR.** **21. RENJITH AMBAKKATT HOUSE, TRICHUR P.O., TRICHUR.** **22. BENNY K.P. 6/803, KUMUMATTAM HOUSE, OLLUKKARA P.O., TRICHUR.** **23. RAHUL MUNNEKKATTIL HOUSE, CHETTUPUZHA P.O., MANAKODY, TRICHUR.** **24. AKHILA KOMARATH HOUSE, PULLAZHI P.O., TRICHUR.** **25. RATHEESH** - **4/355, MUTTISSERY HOUSE, ARIMPOOR P.O., TRICHUR.** **26. MANOJ 6/57, EDATHARA HOUSE, CHETTUPUZHA P.O., TRICHUR.** ## **WP(C).No. 12008 of 2017 (A)** ## **----------------------------** **27. JITH K.J. 8/287,KUNDUKULANGARA HOUSE, MULLAKKARA P.O., TRICHUR.** **28. JIMMY** - **PULIMALAYIL HOUSE, CHENNAIPARA P.O., TRICHUR.** **29. JINO 7/466, PULIMALAYIL HOUSE, PUTHUR, CHENNAIPARA P.O., TRICHUR.** **30. SARADA** - **MELEPARAMBIL HOUSE, THRIKUMARAKUDAM COLONY, AYYANTHOLE P.O., TRICHUR.** **31. LIJO A.J. ARAKKAL HOUSE, PONNUKKARA P.O., PUTHUR, TRICHUR.** **32. PRASAD** ## **THOTTUNGAL HOUSE, CHEROOR P.O., TRICHUR.** **33. VINCENT P.K. PERUMADAN HOUSE, NEAR MISSION HOME, ANCHERY P.O., MARIAPURAM, TRICHUR.** ## **BY ADV. SRI.P.K.ANIL** ## **RESPONDENT(S):** ## **--------------** **1. REGIONAL TRANSPORT AUTHORITY THRISSUR - 680609, REP.BY ITS SECRETARY.** **2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680609.** **3. THE REGIONAL TRANSPORT OFFICER THRISSUR-680609.** **4. THE THRISSUR CORPORATION THRISSUR, REP. BY ITS SECRETARY, 680020.** **5. THE SECRETARY THRISSUR CORPORATION, M.O.ROAD, THRISSUR - 680020.** - **R4&R5 BY STI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION BY SR.GOVERNMENT PLEADER SMT.C.S.SHEEJA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 12008 of 2017 (A)** **----------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -----------------------** - **EXHIBIT-P1: TRUE COPY OF THE AADHAR CARD OF THE PETITIONER NO.1. EXHIBIT-P2: TRUE COPY OF THE AADHAR CARD OF THE PETITIONER NO.2. EXHIBIT-P3: TRUE COPY OF THE AADHAR CARD OF THE PETITIONER NO.3. EXHIBIT-P4: TRUE COPY OF THE AADHAR CARD OF THE PETITIONER NO.4. EXHIBIT-P5: TRUE COPY OF THE AADHAR CARD OF THE 5TH PETITIONER. EXHIBIT-P6: TRUE COPY OF THE AADHAR CARD OF THE 6TH PETITIONER. EXHIBIT-P7: TRUE COPY OF THE DRIVING LICENCE OF THE 7TH PETITIONER. EXHIBIT-P8: TRUE COPY OF THE DRIVING LICENCE OF THE 8TH PETITIONER. EXHIBIT-P9: TRUE COPY OF THE DRIVING LICENCE OF THE 9TH PETITIONER. EXHIBIT-P10: TRUE COPY OF THE DRIVING LICENCE OF THE 10TH PETITIONER.** - **EXHIBIT-P11: TRUE COPY OF THE DRIVING LICENCE OF THE 11TH PETITIONER. EXHIBIT-P12: TRUE COPY OF THE DRIVING LICENCE OF THE 12TH PETITIONER.** - **EXHIBIT-P13: TRUE COPY OF THE DRIVING LICENCE OF THE 13TH PETITIONER.** - **EXHIBIT-P14: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 14TH PETITIONER.** - **EXHIBIT-P15: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 15TH PETITIONER.** - **EXHIBIT-P16: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 16TH PETITIONER.** - **EXHIBIT-P17: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 17TH PETITIONER.** - **EXHIBIT-P18: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 18TH PETITIONER.** - **EXHIBIT-P19: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 19TH PETITIONER.** - **EXHIBIT-P19(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 19TH PETITIONER.** ## **WP(C).No. 12008 of 2017 (A)** ## **----------------------------** **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 REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 21ST PETITIONER.** - **EXHIBIT-P21(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO 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 PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 22ND PETITIONER.** - **EXHIBIT-P23: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER.** - **EXHIBIT-P23(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER.** - **EXHIBIT-P24: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 24TH PETITIONER.** - **EXHIBIT-P24(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 24TH PETITIONER.** - **EXHIBIT-P25: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 25TH PETITIONER.** - **EXHIBIT-P25A: TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO 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.** - **EXHIBIT-P27(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 27TH 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.** ## **WP(C).No. 12008 of 2017 (A)** **----------------------------** **EXHIBIT-P29: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 29TH PETITIONER.** - **EXHIBIT-P29(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO 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 ISSUED BY THE 2ND RESPONDENT TO 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 REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 32ND PETITIONER.** - **EXHIBIT-P32(A):TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 32ND PETITIONER.** - **EXHIBIT-P33: TRUE COPY OF THE 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.** - **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.** ## **WP(C).No. 12008 of 2017 (A)** **----------------------------** - **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.** - **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.** ## **WP(C).No. 12008 of 2017 (A)** ## **----------------------------** - **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 W.P.(C) NO.20209/15 OF THIS HON'BLE COURT.** - **EXHIBIT-P69: TRUE COPY OF THE JUDGMENT IN WP(C) 15267/16 OF THIS HON'BLE COURT.** **RESPONDENT(S)' EXHIBITS: NIL** **-----------------------** ## **//TRUE COPY//** **P.A. TO JUDGE** **dlk** ## **P.B.SURESH KUMAR, J.** **.......................................** ## **W.P.(C) No. 12008 of 2017 (A)** **................................................** ## **Dated this the 5[th] 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 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 W.P.(C) No. 12008 of 2017 (A) 2 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** AMV/07/04/2017