E.Sugathan and others v Regional Transport Authority, Thrissur and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 2ND DAY OF MAY 2017/12TH VAISAKHA, 1939** ## **WP(C).No. 15030 of 2017 (C)** **----------------------------** ## **PETITIONER(S):** **-------------** ## **1. E.S.SUGATHAN** **S/O.SIVARAMAN, AGED 60 YEARS, IDATHIRINJI HOUSE, POOTHOLE P.O., TRICHUR** ## **2. JOB T.J.** **S/O.JOSE, THOLATH HOUSE, KANIMANGALAM, SUBHASH NAGAR, BAGATH SINGH LANE, TRICHUR.** ## **3. ABHILASH C.T** **CHANGARAMKANDATH HOUSE, UDAYANAGAR, PARAKKAD ARIMPUR P.O., TRICHUR.** ## **4. PRASANTH B** **VADHYAR, VELIYANNOOR P.O., TRICHUR** ## **5. RAJESH** **PUTHENPEEDIKA HOUSE, EMS SNEHABHAVAN FLAT NO.4 RAMAVARMA PURAM, TRICHUR.** ## **6. T.A.MURALI** **THOTTIPARAMBIL HOUSE, POOTHOLE P.O., TRICHUR.** ## **7. T.A.MURALI** **THOTTIPARAMBIL HOUSE, POOTHOLE P.O., TRICHUR.** ## **8. JOSE** **PADINJAREJJADAN HOUSE, THANIPADAM, CHUVANNAMANNU P.O., TRICHUR.** **9. KALESHKUMAR J.R. JANMAPARAMBIL HOUSE, KANIMANGALAM P.O., PULARI LANE, TRICHUR.** ## **10. BHAVANI** **KUTTANKULANGARA HOUSE, PANACHIKKAL, AYYANTHOLE NORTH, TRICHUR.** ## **11. VIJI K.R** **PALISSERY HOUSE, PUZHAKKAL, AMALA NAGAR, TRICHUR** ## **WP(C).No. 15030 of 2017 (C)** ## **12. JOMON JOSE** **KADAVI HOUSE, MADAMBI LANE, POOTHOLE P.O., TRICHUR.** ## **13. ANEESH KARIPARAMBIL HOUSE, WESTERN BAZAR, ARANATTUKARA SOUTH, TRICHUR.** ## **14. RAKESH P.S.** **PULIPARAMBIL HOUSE, ELTHURUTH P.O., ARANATTUKARA, TRICHUR.** ## **15. MAJO ATONY** **CHAMAVALAPPIL HOUSE, OLLUR P.O., TRICHUR.** **16. MANOJ KUMAR.A NEELANJANAM, AYYANATH LANE, CHEMBUKKAVU, TRICHUR.** ## **17. SUNITHA P.V.** **PEDIKKATTIL HOUSE, TEMPLE AVENUE ROAD, AYYATHOLE P.O., TRICHUR.** ## **18. SEKHARAN** **KATTABALA HOUSE, OLLUKKARA P.O., KRISHNAPURAM, TRICHUR.** ## **19. BHAVYANATH T.VIJAY** **THEKKOOT, MANKUZHI LANE, PUNKUNNAM, TRICHUR.** ## **20. SUMESH M.G** **MUTHIRATHI PARAMBIL HOUSE, THRIKUMARAKUDAM, TRICHUR.** ## **21. SREELEKHA K A** **NJATTUVETTY HOUSE, PATTALAKUNNU, MANNUTHY P.O, KUZHUKULLY, TRICHUR** ## **22. DAISY** **EDASSERY HOUSE, THRIKUMARAKUDAM COLONY, AYYANTHOLE, TRICHUR** ## **23. ANIL KUMAR** **THATAKKUDATH HOUSE, KUTTOOR P.O, KOLAZHY, TRICHUR** ## **24. DHIBIN P D** **PAMBUMKADAN HOUSE, MANNUTHY P.O, TRICHUR** **25. LALITHA KUMBALATH PARAMBIL HOUSE, ARIMBOOR P.O, TRICHUR** ## **26. REKHA** **KALLUKARAN HOUSE, AVINISSERY P.O, TRICHUR** ## **WP(C).No. 15030 of 2017 (C)** **27. JOSHY POOVATHINGAL HOUSE, VIYYOOR P.O, TRICHUR** **28. JIJO P C PINAKKATTU HOUSE, PANAMUKKU, NEDUPUZHA P.O, TRICHUR** **29. LISMOL SABY MOZHIPARAMBIL HOUSE, CHEVOOR P.O, KANIMANGALAM, TRICHUR** **30. RATHEESH KOOTHUPARAMBIL HOUSE, CHOOLISSERY P.O, TRICHUR** **BY ADV. SRI.P.K.ANIL** **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** **R4,R5 BY ADV. SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION BY GOVERNMENT PLEADER SRI. RON BASTIAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-05-2017, ALONG WITH W.P(C).NO.15040/2017 AND W.P(C).NO.15046/2017 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 15030 of 2017 (C)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-----------------------** **EXHIBIT P1 TRUE COPY OF THE DRIVING LICENSE OF THE 1ST PETITIONER** **EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 2ND PETITIONER** **EXHIBIT P2(A) TRUE COPY OF THE PERMIT OF THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 3RD PETITIONER** **EXHIBIT P3(A) TRUE COPY OF THE PERMIT OF THE 3RD PETITIONER** **EXHIBIT P4 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 4TH PETITIONER** **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 REGISTRATION CERTIFICATE THE OF THE 7TH PETITIONER** **EXHIBIT P7(A) TRUE COPY OF THE PERMIT OF THE 7TH PETITIONER** **EXHIBIT P8 TRUE COPY OF THE AADHAR CARD OF THE 8TH PETITIONER** **EXHIBIT P9 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 9TH PETITIONER** **EXHIBIT P9(A) TRUE COPY OF THE AADHAR CARD OF THE 9TH PETITIONER EXHIBIT P10 TRUE COPY OF THE AADHAR OF THE 10TH PETITIONER** **EXHIBIT P11 TRUE COPY OF THE AADHAR CARD OF THE 11TH PETITIONER** **EXHIBIT P12 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 12TH PETITIONER** **EXHIBIT P13 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 13TH PETITIONER** **EXHIBIT P13(A) TRUE COPY OF THE PERMIT OF THE 13TH PETITIONER** **EXHIBIT P14 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 14TH PETITIONER** **EXHIBIT P14(A) TRUE COPY OF THE PERMIT OF THE 14TH PETITIONER** **EXHIBIT P15 TRUE COPY OF THE DRIVING LICENCE OF THE 15TH PETITIONER** **EXHIBIT P16 TRUE COPY OF THE AADHAR CARD OF THE 16TH PETITIONER** ## **WP(C).No. 15030 of 2017 (C)** **EXHIBIT P17 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 17TH PETITIONER** **EXHIBIT P18 TRUE COPY OF THE PERMIT OF THE 18TH PETITIONER** **EXHIBIT P19 TRUE COPY OF THE AADHAR CARD OF THE 19TH PETITIONER EXHIBIT P20 TRUE COPY OF THE AADHAR CARD OF THE 20TH PETITIONER EXHIBIT P21 TRUE COPY OF THE AADHAR CARD OF THE 21ST PETITIONER EXHIBIT P22 TRUE COPY OF THE AADHAR CARD OF 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 DRIVING LICENCE OF THE 24TH PETITIONER.** **EXHIBIT P25 TRUE COPY OF ELECTION IDENTITY CARD OF THE 25TH PETITIONER.** **EXHIBIT P26 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 26TH PETITIONER.** **EXHIBIT P26(A) TRUE COPY OF THE PERMIT OF THE 26TH PETITIONER.** **EXHIBIT P27 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 27TH PETITIONER.** **EXHIBIT 27(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 27TH PETITIONER.** **EXHIBIT P28 TRUE COPY OF THE ADHAR CARD OF THE 28TH PETITIONER.** **EXHIBIT P29 TRUE COPY OF THE ADHAR CARD OF THE 29TH PETITIONER.** **EXHIBIT P30 TRUE COPY OF THE DRIVING LICENSE OF THE 30TH PETITIONER.** **EXHIBIT P31 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.1 TO THE 1ST RESPONDENT FOR VARIATION OF PERMIT.** **EXHIBIT P32 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.2 TO THE 1ST RESPONDENT.** **EXHIBIT P33 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.3 TO THE 1ST RESPONDENT.** **EXHIBIT P34 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.4 TO THE 1ST RESPONDENT.** **EXHIBIT P35 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.5 TO THE 1ST RESPONDENT.** **EXHIBIT P36 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.6 TO THE 1ST RESPONDENT.** ## **WP(C).No. 15030 of 2017 (C)** **EXHIBIT P37 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.7 TO THE 1ST RESPONDENT.** **EXHIBIT P38 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.8 TO THE 1ST RESPONDENT.** **EXHIBIT P39 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.9 TO THE 1ST RESPONDENT.** **EXHIBIT P40 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.10 TO THE 1ST RESPONDENT.** **EXHIBIT P41 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.11 TO THE 1ST RESPONDENT.** **EXHIBIT P42 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.12 TO THE 1ST RESPONDENT.** **EXHIBIT P43 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.13 TO THE 1ST RESPONDENT.** **EXHIBIT P44 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.14 TO THE 1ST RESPONDENT.** **EXHIBIT P45 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.15 TO THE 1ST RESPONDENT.** **EXHIBIT P46 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.16 TO THE 1ST RESPONDENT.** **EXHIBIT P47 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.17 TO THE 1ST RESPONDENT.** **EXHIBIT P48 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.18 TO THE 1ST RESPONDENT.** **EXHIBIT P49 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.19 TO THE 1ST RESPONDENT.** **EXHIBIT P50 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.20 TO THE 1ST RESPONDENT.** **EXHIBIT P51 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.21 TO THE 1ST RESPONDENT.** **EXHIBIT P52 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.22 TO THE 1ST RESPONDENT.** **EXHIBIT P53 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.23 TO THE 1ST RESPONDENT.** **EXHIBIT P54 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.24 TO THE 1ST RESPONDENT.** **EXHIBIT P55 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.25 TO THE 1ST RESPONDENT.** **EXHIBIT P56 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.26 TO THE 1ST RESPONDENT.** ## **WP(C).No. 15030 of 2017 (C)** **EXHIBIT P57 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.27 TO THE 1ST RESPONDENT.** **EXHIBIT P58 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.28 TO THE 1ST RESPONDENT.** **EXHIBIT P59 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.29 TO THE 1ST RESPONDENT.** **EXHIBIT P60 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.30 TO THE 1ST RESPONDENT.** **EXHIBIT P61 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011.** **EXHIBIT P62 TRUE COPY OF THE JUDGMENT IN WPC NO. 20209/15 OF THIS HON'BLE COURT.** **EXHIBIT P63 TRUE COPY OF THE JUDGMENT IN WPC 16490/16 OF THIS HON'BLE COURT.** **RESPONDENT(S)' EXHIBITS:NIL** **-----------------------** **//TRUE COPY//** **P.A TO JUDGE** ## **RAJA VIJAYARAGHAVAN V., J.** **............................................................. W.P.(C).Nos.15030, 15046 & 15040 of 2017 ............................................................. Dated this the 2[nd] day of May, 2017** ## **J U D G M E N T** 1. The petitioners are contract carriage permit holders of autorickshaws. They are aggrieved by the condition imposed in the permits issued to them in which, while permitting them to operate on all fit roads in Thrissur district, they have been restrained from parking or picking up passengers within Thrissur city. It appears that such a rider has been imposed in all the permits and identity cards issued to the petitioners. 2. According to the petitioners, the restriction imposed is illegal and has been held to be so in Ext.P61 judgment of the State Transport Appellate Tribunal, Ernakulam in M.V.A.A. 417 of 2011. It is further contended that this Court in Ext.P62 and P63 orders have endorsed the **W.P.(C).Nos.15030, 15046 & 15040 of 2017** -2- findings of the Appellate Tribunal. Reliance is also placed on a decision of this Court in **Rajesh v. Secretary, R.T.A.** [2014 (3) KLT 341] to contend that the R.T.A. cannot make a general order that only a certain number of permits would be granted in an area. 3. I have heard the learned Government Pleader as well. I have gone through Exts.P61 order of the Appellate Tribunal. 4. In the light of Ext.P61 judgment of the State Transport Appellate Tribunal and the judgments of this Court covering the same issue which is produced as Exts.P62 and P63, I am of the view that the petitioners are entitled to succeed in these writ petitions. This Court in Ext.P62 has held that the mere existence of a number of permits and the decision of the R.T.A. or a higher authority to restrict the grant based on numbers alone would fall foul, since such limits could be prescribed only by the State -3- **W.P.(C).Nos.15030, 15046 & 15040 of 2017** Government under a notification. I am of the view that the restrictive condition imposed cannot be allowed to stand. 5. In the result, these writ petitions are disposed of directing the 2[nd] respondent to collect the prescribed fee for the variation of the permit from the petitioners. The respondents are further directed to give permit to the petitioners as applied for in tune with Ext.P61 judgment of the State Transport Appellate Tribunal, Ernakulam within a period of one month from the date of receipt of a copy of this judgment. Sd/- **RAJA VIJAYARAGHAVAN V. JUDGE** mns/2.05.17