High Court of KeralaSingle Judge2015-08-21Writ petition disposed of with directions to RT...

Babu and others v. Regional Transport Authority, Thrissur; Secretary, Regional Transport Authority, Thrissur; Thrissur Corporation

Case / Petition Number:WP(C).No. 26141 of 2015 (P)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. V. Ramakrishna Pillai
Judgment Date: 2015-08-21
Court Decision / Holding: Disposed of by directing the Regional Transport Authority to reconsider the petitioners’ applications for grant of contract carriage permits to operate within the Thrissur Corporation and to pass positive orders within one month from receipt of the copy of this judgment, in light of the above. The court held that the restriction cannot stand in the absence of government notification and precedent requiring state-level authorization.
Final Disposition: Writ petition disposed of with directions to RTA to reconsider and pass positive orders within one month, permitting entry into Thrissur Corporation limits if permissible by law.

Parties to the Case

Appellants / Petitioners

BABU, S/O.MANI, PERUMBIL HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
SIVAN, S/O.KRISHNAN KUTTY, MEKKADAN HOUSE, SOUTH ANCHERY P.O., THRISSUR
SHANMUGHAN, S/O.KUTTAPPAN, PERIYATHARA HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
JAISON, S/O.LAZER, KARAPARAMBIL HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
SHAJAN, S/O.JOHNY, PALIAKKARA HOUSE, KOORKANCHERRY P.O., THRISSUR
SAJEESH, S/O.RAJAN, MANKUZHI HOUSE, P.O.CHIYYARAM, THRISSUR - 680 026
VIPIN KUMAR P.S., S/O.SURENDRAN, POOVATHUR HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
VIBIN VARGHESE, S/O.VARGHESE, ELUVATHINGAL HOUSE, P.O.CHIYYARAM, THRISSUR - 680 026
GEORGE, S/O.ITTIACHAN, VELUTHUKARAN HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
BABY, S/O.VENU, KAKKANADAN HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
VINEESH VARGHESE, S/O.VARGHESE, KOMBAN HOUSE, POPE JOHN NAGAR, KURIACHIRA, CHIYYARAM P.O., THRISSUR - 680 026
SANTHOSH KUMAR, S/O.BALAN, PULIKKATHARA HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
SUDHEER BABU, S/O.SIVADASAN, NELLIPARAMBIL HOUSE, CHIYYARAM P.O., THRISSUR - 680 026
SUJITH, S/O.SUKUMARAN, THALADAN HOUSE, CHIYYARAM P.O., THRISSUR - 680 026

Respondents

THE REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 001
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 001
THRISSUR CORPORATION, REPRESENTED BY THE SECRETARY, THRISSUR - 680 001

Legal Representation & Advocates

Counsels for Petitioners

• SRI.O.D.SIVADAS

Counsels for Respondents

• SMT. K.A.SANJEETHA
• SRI.K.P.VIJAYAN
• SRI.V.N.HARIDAS

Case Synopsis & Summary

The petitioners, 14 registered auto-rickshaw owners, challenge a contractual condition placed by the District Collector while issuing contract carriage permits, restricting their vehicles from parking or picking up passengers within the local limits of Thrissur Corporation. The permits (EXT.P1–EXT.P14 for the 1st to 14th petitioners) were issued for all fit roads within the corporation, yet with the conditional rider that the vehicle shall not be parked or pick up passengers in the corporation’s local limits. The petitioners contend there is no government notification limiting the number of autorickshaws in Thrissur, and that Section 74(3) of the Kerala Motor Vehicles Act governs grant of permits; consequently, no legal basis exists for the asserted restriction. They further argue that Ext.P15–Ext.P28 proceedings denying entry into the local limits are illegal. The respondents rely on a circular from the Transport Commissioner to justify the restriction, a stance the Court scrutinizes in light of a prior decision. The Court cites Rajesh v Secretary, RTA (2014(3) KLT 341), which held that RTAs cannot issue blanket quota-based permits and that such limits require State Government notification. Accordingly, the Court holds that the restrictive condition cannot stand and disposes the petition by directing the RTA to reconsider the applications for contract carriage permits and to pass positive orders within one month, permitting entry into the Thrissur Corporation limits if justified. The decision emphasizes legality of permit issuance and cautions against arbitrary area-based restrictions.

Provisions of Law Cited

Section 74(3) of the Kerala Motor Vehicles ActSection 74 of the Kerala Motor Vehicles Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that there is no government notification limiting the number of autorickshaws in Thrissur. Section 74(3) of the Kerala Motor Vehicles Act governs grant of contract carriage permits, and in the absence of a notifying government limit, the conditions imposed by Ext.P1–P14 on keeping within the Thrissur Corporation limits are illegal. They challenge Ext.P15–P28 as per se illegal and seek permission to operate within the corporation limits. They rely on Rajesh v Secretary, RTA (2014(3) KLT 341) and the principle that blanket numerical restrictions by the RTA are unsustainable without state-level notification.

Contentions of Respondents

The respondents justify the restriction on permit issuance through a circular from the Transport Commissioner and seek to regulate entry into local limits in accordance with the said policy. They maintain that the District Collector’s directions were in pursuance of executive circulars and aimed at orderly management of permits, and that the authority to set such limits may lie in executive policy until government notifications are issued.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Rajesh v Secretary, RTA	2014(3) KLT 341	Positive	Court relied on Rajesh to hold that RTAs cannot impose blanket numerical restrictions; such limits require state government notification.
W.P.C. No. 12993 of 2015	WPC 12993/2015	Mentioned Only	Mentioned as a similar fact pattern; not elaborated with full citation, used to support analogous reasoning.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI** **FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937** ## **WP(C).No. 26141 of 2015 (P)** **---------------------------------------** **PETITIONER(S):** - **-----------------------** **1. BABU, S/O.MANI, PERUMBIL HOUSE, CHIYYARAM P.O, THRISSUR - 680 026.** **2. SIVAN, S/O.KRISHNAN KUTTY, MEKKADAN HOUSE, SOUTH ANCHERY P.O., THRISSUR.** **3. SHANMUGHAN, S/O.KUTTAPPAN, PERIYATHARA HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** **4. JAISON, S/O.LAZER, KARAPARAMBIL HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** **5. SHAJAN, S/O.JOHNY, PALIAKKARA HOUSE, KOORKANCHERRY P.O., THRISSUR.** **6. SAJEESH, S/O.RAJAN, MANKUZHI HOUSE, P.O.CHIYYARAM, THRISSUR - 680 026.** **7. VIPIN KUMAR P.S., S/O.SURENDRAN, POOVATHUR HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** **8. VIBIN VARGHESE, S/O.VARGHESE, ELUVATHINGAL HOUSE, P.O.CHIYYARAM, THRISSUR - 680 026.** **9. GEORGE, S/O.ITTIACHAN, VELUTHUKARAN HOUSE,CHIYYARAM P.O., THRISSUR - 680 026.** **10. BABY, S/O.VENU, KAKKANADAN HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** **msv/** **-2-** **-2-** ## **WP(C).No. 26141 of 2015 (P)** ## **---------------------------------------** **11. VINEESH VARGHESE, S/O.VARGHESE, KOMBAN HOUSE, POPE JOHN NAGAR, KURIACHIRA, CHIYYARAM P.O., THRISSUR - 680 026.** **12. SANTHOSH KUMAR, S/O.BALAN, PULIKKATHARA HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** **13. SUDHEER BABU, S/O.SIVADASAN, NELLIPARAMBIL HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** **14. SUJITH, S/O.SUKUMARAN, THALADAN HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.** ## **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENT(S):** - **--------------------------** **1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 001.** **2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 001.** **3. THRISSUR CORPORATION, REPRESENTED BY THE SECRETARY, THRISSUR - 680 001.** ## **R1 & R2 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA R3 BY ADVS. SRI.K.P.VIJAYAN** ## **SRI.V.N.HARIDAS** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **msv/** **WP(C).No. 26141 of 2015 (P) ---------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS:** ## **--------------------------------------** **EXT.P1: TRUE COPY OF THE PERMIT ISSUED TO THE 1ST PETITIONER. EXT.P2: TRUE COPY OF THE PERMIT ISSUED TO THE 2ND PETITIONER. EXT.P3: TRUE COPY OF THE PERMIT ISSUED TO THE 3RD PETITIONER. EXT.P4: TRUE COPY OF THE PERMIT ISSUED TO THE 4TH PETITIONER. EXT.P5: TRUE COPY OF THE PERMIT ISSUED TO THE 5TH PETITIONER. EXT.P6: TRUE COPY OF THE PERMIT ISSUED TO THE 6TH PETITIONER. EXT.P7: TRUE COPY OF THE PERMIT ISSUED TO THE 7TH PETITIONER. EXT.P8: TRUE COPY OF THE PERMIT ISSUED TO THE 8TH PETITIONER. EXT.P9: TRUE COPY OF THE PERMIT ISSUED TO THE 9TH PETITIONER. EXT.P10: TRUE COPY OF THE PERMIT ISSUED TO THE 10TH PETITIONER. EXT.P11: TRUE COPY OF THE PERMIT ISSUED TO THE 11TH PETITIONER. EXT.P12: TRUE COPY OF THE PERMIT ISSUED TO THE 12TH PETITIONER. EXT.P13: TRUE COPY OF THE PERMIT ISSUED TO THE 13TH PETITIONER.** **EXT.P14: TRUE COPY OF THE PERMIT ISSUED TO THE 14TH PETITIONER.** **EXT.P15: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 ISSUED TO THE 1ST PETITIONER.** **EXT.P16: TRUE COPY OF THE PROCEEDINGS DATED 12.2.2015 TO THE 2ND PETITIONER.** - **EXT.P17: TRUE COPY OF THE PROCEEDINGS DATED 27.4.2015 TO THE 3RD PETITIONER.** **EXT.P18: TRUE COPY OF THE PROCEEDINGS DATED 18.3.2015 TO THE 4TH PETITIONER.** **EXT.P19: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 5TH PETITIONER.** - **EXT.P20: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 6TH PETITIONER.** **Msv/** **-2-** **-2-** ## **WP(C).No. 26141 of 2015 (P)** ## **---------------------------------------** **EXT.P21: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 7TH PETITIONER.** **EXT.P22: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 8TH PETITIONER.** **EXT.P23: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 9TH PETITIONER.** **EXT.P24: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 10TH PETITIONER.** - **EXT.P25: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 11TH PETITIONER.** **EXT.P26: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 12TH PETITIONER.** - **EXT.P27: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 13TH PETITIONER.** **EXT.P28: TRUE COPY OF THE PROCEEDINGS DATED 27.3.2015 TO THE 14TH PETITIONER.** ## **RESPONDENT(S)' EXHIBITS:** **-----------------------------------------** ## **NIL** **//TRUE COPY//** **P.A.TO JUDGE.** **Msv/** ## **A.V.RAMAKRISHNA PILLAI, J.** = = = = = = = = = = = = = = = = = W.P(C) No.26141 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 21[st] day of August, 2015 ## **JUDGMENT** The petitioners in this writ petition are aggrieved by the condition imposed by the District Collector while he has issued contract carriage permit to the petitioners vehicle for all fit roads in Thrissur Corporation subject to the condition that the vehicle shall not be parked or it shall not pick the passengers from the local limits of the city. 2. The petitioners are the registered owners of autorickshaw bearing No.KL BA/4808, KL AS/8909, KL 08AD/7807, KL 08 AU/8782, KL 08V/1994, KL 08 BB/1306, KL 08 BD/5628, KL-13 V/7404, KL-08 AU/8491, KL-08 AV/2863, KL-08 AX/3538, KL-08 AV/1819, KL-08 AX/5301 and KL-08 AAT/4858. Originally Thrissur was a Municipality. Thrissur Corporation was established subsequently and territorial limits of the Municipal was extended by adding the neighbouring panchayats. The W.P(C) No.26141 of 2015 2 place of residence of the petitioners are not form part of the original Thrissur Municipality, ie., on account of widening of the territorial limits, the petitioners' residential place became within the limits of the Thrissur Corporation. Section 74(3) of the M.V.Act governs the grant of contract carriage permits and there is no notification issued by the government limiting the number of autorickshaws in Thrissur Corporation, without which the Motor Vehicle authorities cannot impose a condition as made in Ext.P1 to Ext.P14 permits. Similarly, the respondents 1 and 2 cannot issue Ext.P15 to P28 proceedings denying the request of the petitioners for entering the limits of Thrissur Corporation and taking passengers. The present proceedings issued by the 2[nd] respondent is per se illegal and the same is liable to be interfered by this Court. Hence Exts.P15 to P28 issued by the respondents 1 and 2 is per se illegal and the same is liable to be set aside by this Court ; it is alleged. It is with W.P(C) No.26141 of 2015 3 this backdrop, the petitioners have approached this Court. 3. I have heard the learned counsel for the petitioners and the learned Government Pleader in the matter. 4. This Court had occasion to consider similar fact situation in WPC No.12993/2015. Though the District Collector in the district concerned is to be guided by Section 74 of the Kerala Motor Vehicles Act, he has imposed the restriction which is challenged in this writ petitions on the basis of a circular issued by the Transport Commissioner. This Court in **Rajesh** v **Secretary, RTA** (2014(3) KLT 341) has held that the Regional Transport authority cannot make a general order that only a certain number of permits would be granted in an area. The mere existence of a number of permits and the decision by the Regional Transport Authority or a higher authority to restrict the grant based on numbers alone would fall W.P(C) No.26141 of 2015 4 foul, since such limits could be prescribed only by the State Government under a notification; so found this Court in the aforesaid decision. Therefore,the condition imposed shall not be allowed to stand. In the result, this writ petition is disposed of directing the Regional Transport Authority to reconsider the issue on the application submitted by the petitioners for the grant of contract carriage permits for their vehicles seeking permission to park within the local limits of the Thrissur Corporation and to pass positive orders within a period of one month from the date of receipt of a copy of this judgment, in the light of what has been stated above. Sd/- **A.V.RAMAKRISHNA PILLAI, Judge.** ami/ //True copy// P.A. to Judge