Premanand T. et al. v The State of Kerala & others; Socialist (Swathendra) Motor Thozhilali Union (S.M.T.U.) Kozhikode v The State of Kerala & others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 30[TH] DAY OF MAY 2022 / 9TH JYAISHTA, 1944** ## **WP(C) NO. 16485 OF 2021** ## **PETITIONERS:** 1 PREMANAND T AGED 52 YEARS S/O. WILLIAMS, OTTIYAMBALAM PARAMBA P.O., KALLAI, KOZHIKODE (CITY SECRETARY, REVOLUTIONARY MOTOR TRANSPORT UNION) 2 ISMAIL C.V., S/O.MUHAMMED, MANNADATHUPARAMBA, KAPPAKKAL, P.O.KALLAI, KOZHIKODE (CITY SECRETARY, KERALA STATE MOTOR ENGINEERING WORKERS UNION) 3 PRAJOSH.K., D/O.DEVADASAN, KANDOTH, P.O.KOLATHARA, KOZHIKODE (CITY SECRETARY, ALL INDIA TRADE UNION CONGRESS) 4 K.C.SASIKUMAR S/O. RAJENDRAMENON, VARIYATH HOUSE,MANKAVU,KOZHIKODE (CITY PRESIDENT, INDIAN NATIONAL TRADE UNION CONGRESS) 5 PRADEEP, S/O. SAMIMUTTY, THODACHERY HOUSE, KUTTIKKATTOR, KUDUMBASSERIPARAMBU, KOZHIKODE (SOUTH MEKHALA SECRETARY, BHARATHEEYA MAZDOOR SANGH) 6 SHAMSHEER, S/O. KUTTIYAMI KOYA, PADINJARAKAM HOUSE, PANNIANKARA, KALLAI P.O., KOZHIKODE (CITY PRESIDENT, NATIONAL LABOUR UNION) HEADNOTE- **WP(C) 16485/2021** -: 2 :- ***[1 ]** 7 MUSAMMIL.U., S/O. KHADER, VPN HOUSE, CHERUKATTU MEETHAL HOUSE, KOMMERI, KOZHIKODE, (DISTRICT GENERAL SECRETARY, BHARATHEEYA MAZDOOR SANGH) _***[1 ] [ADDRESS OF P7 IS CORRECTED AS "HIND MAZDOOR SABHA" AS PER ORDER DATED 25/01/2022 IN IA 1/2022]**_ 8 UMESH KUMAR S/O. RAMAN, PUTHEN KULANGARA, MARIKUNNU P.O., KOZHIKODE BY ADV I.DINESH MENON ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001 2 THE TRANSPORT COMMISSIONER, KERALA TRANS BHAVAN, VAZHUTHAKAD P.O., TRIVANDRUM-695 014 3 THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOZHIKODE-673 020. 4 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOZHIKODE-673 020. HEADNOTE- **WP(C) 16485/2021** -: 3 :- ***[2 ]** ADDL.R5 KERALA STATE INDEPENDENT E-RICKSHAW DRIVERS UNION REPRESENTED BY ITS GENERAL SECRETARY, SREEJI.K., S/O.DAMODARAN, KOROTHKANDI, CHEMANCHERRY, KOYILANDY, KOZHIKODE, PIN-673 304. ***[2 ]** [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 20-10-2021 IN IA 1/2021] ***[3 ]** ADDL.R6 T.JAYANTHAN, S/O.LATE BALAKRISHNAN, AGED 50 YEARS, PULIKKALPARAMBU, PO NADAKKAVU, KOZHIKODE. ***[3]** [ADDL. R6 IS IMPLEADED AS ADDL.R6 AS PER ORDER DATED 27-10-2021 IN IA 2/2021] ***[4 ]** ADDL.R7 AUTO DRIVERS WELFARE ASSOCIATION, (REG.NO.KKD/CA/8/2015), 30/2023 D, NOONHIYIL, KOVOOR, CHEVAYUR P.O.,KOZHIKODE REPRESENTED ITS SECRETARY, C.MANI, 30/2023 D, NOONHIYIL, KOVOOR, CHEVAYUR P.O., KOZHIKODE, PIN-673 017. ***[4 ]** [ADDL.R7 IS IMPLEADED AS PER ORDER DATED 01-12-2021 IN IA 3/2021] ***[5 ]** ADDL. R8 TO R49 ADDL.R8 SHAHUL HAMEED A., PURAKKATT HOUSE, KURUMBADI PARAMB, MATHOTTAM VILLAS 76, MATHOTTAM P.O., ANAKINAR-673028 (REGISTERED OWNER OF KL85/8302). ADDL.R9 DINOOP V., NAMBIAR PARAMBA, MALAPARAMBA P.O., KOZHIKODE-673009. (REGISTERED OWNER OF KL11/BV 1397) HEADNOTE- **WP(C) 16485/2021** -: 4 :- ADDL.R10 MANEESH C., CHALIL, MALAPARAMBA P.O., KOZHIKODE-673009. (REGISTERED OWNER OF KL-11/BV 0502) ADDL.R11 MUHAMMED MUSTHAFA, MANKUNIPADAM, NALLALAM S.O., NALLALAM, KOZHIKODE-673027. (REGISTERED OWNER OF KL85/8230) ADDL.R12 VIJAYAN K., KARUNGUMMAL HOUSE, CHEVAYUR P.O., KOVOOR, KOZHIKODE-673017. (REGISTERED OWNER OF KL11/BU 9674) ADDL.R13 SHAJI N.M., NOOJIYILMEETHAL HOUSE, MAKKANACHERI THAZHAM, CHEVAYUR P.O., KOZHIKODE-673017. (REGISTERED OWNER OF KL-11/BU 9620) ADDL.R14 SURESH P., REVATHI NIVAS, KACHERIKUNNU, POKKUNNU P.O., MANKAVU, KOZHIKODE-673007. (REGISTERED OWNER OF KL-11/BV 1250) ADDL.R15 T. VINOD, PURATHANGATTU, ANDI ROAD, VENGALI, ERANHIKKAL P.O., ELATHUR-673303. (REGISTERED OWNER OF KL-11/BU 9830) ADDL.R16 MANI C., ANUPUNYA, NOONJIYIL, KOVOOR, KOZHIKODE673017. (REGISTERED OWNER OF KL-11/BU 9637) ADDL.R17 SATHEESH R.V., RARAM VEED, MANGAD POST, PALAKOTTUVAYAL, KOZHIKODE-673008. (REGISTERED OWNER OF KL11/BU 9326) HEADNOTE- **WP(C) 16485/2021** -: 5 :- ADDL.R18 PRADEEP M., 27/1255, MEDA PARAMBU, KANNANCHERI, KALLAI P.O., KOZHIKODE-673003. (REGISTERED OWNER OF KL-11/BV1125) ADDL.R19 ALI K.T., K.T. HOUSE, NAINAM VALAPPU, KALLAI, PALLIKANDI, KOZHIKODE-673003 (REGISTERED OWNER OF KL-11/BU 9588) ADDL.R20 MOHAMMED HASIF N.P., HASIF MANZIL, NALLUKUDIPARAMBA, NADAKKAVU P.O., KOZHIKODE-673011. (REGISTERED OWNER OF KL-11/BU 9590) ADDL.R21 MUHAMMED BASHEER N., NALAKATH, MULLATHUVAYAL, KOMMERI, KOZHIKODE-673007. (REGISTERED OWNER OF KL11/BU 9593) ADDL.R22 SHEEJA, 2/1502 A, PANCHAM HOUSE, PONNAMBARATH, KARAPARAMBA, KOZHIKODE-673010. (REGISTERED OWNER OF KL-11/BU 9384) ADDL.R23 ABDUL MANAF N.K., ANOKKOTTU MEETHAL, KUTTIYILTHAZHAM, GURUVAYURAPPAN COLLEGE, KOZHIKODE-673014. (REGISTERED OWNER OF KL-11/BU 9625) ADDL.R24 DEEPAK A.V., DEEPAM, KULANGARAVEEDU, PARAMBA P.O., KUTHIRAVATTAM, KOZHIKODE-673016. (REGISTERED OWNER OF KL-11/BV 0722) HEADNOTE- **WP(C) 16485/2021** -: 6 :- ADDL.R25 SAJITHA N.P., ALIYA MANZIL, WEST MAPILA VALAPPU, PAYANAKKAL, PANNIYANKARA, KALLAI, KOZHIKODE-673003. (REGISTERED OWNER OF KL11/BU 9657) ADDL.R26 DEVADASAN K., KUNNAMKULATH, ERANHIKKAL, MOKAVOOR, ELATHUR, KOZHIKODE-673303.(REGISTERED OWNER OF KL -11/BU 9636) ADDL.R27 HAFSAL RAHMAN P., FATHIMA COTTAGE, ARAKKINAR P.O., KOZHIKODE673028. (REGISTERED OWNER OF KL-11/BU 9742) ADDL.R28 JISHA N.V., NALAM VEETTIL, BANGLOWPARAMBU, MEENCHANTHA, KOZHIKODE-673018. (REGISTERED OWNER OF KL 11/BU 9750) ADDL.R29 MUHAMMED JINEESH E.P., ASYA HOUSE, PARAKKANDITHAZHAM, AREEKAD, NALLALAM P.O., KOZHIKODE-673027. (REGISTERED OWNER OF KL 85/7427) ADDL.R30 ABHILASH K., 21/1671, ABHILA NIVAS, PATTERTHODI, KALLAI P.O., KOZHIKODE-673003. (REGISTERED OWNER OF KL-11/9085) ADDL.R31 RAJESH K.P., KOTTAPARAMBATH HOUSE, KARUVISSERI P.O., KARAPARAMBA, KOZHIKODE-673010. (REGISTERED OWNER OF KL 11/BV 0882) ADDL.R32 NIJITH M., MANGATHARA HOUSE, KOLANGATHU PARAMBU, KOTTALADA P.O., KOLATHARA, KOZHIKODE673655. (REGISTERED OWNER OF KL-11/BU 9160) HEADNOTE- **WP(C) 16485/2021** -: 7 :- ADDL.R33 FAISAL N., 25/842, THAIVALAPP, KINASSERY, KOZHIKODE673013. (REGISTERED OWNER OF KL 11/BU 0348) ADDL.R34 UNNIKRISHNAN, NANNATT, BHAYANKAVU, NADUVATHINI MEETHAL, NELLIKODE, KOZHIKODE-673016. (REGISTERED OWNER OF KL 11/BU 9557) ADDL.R35 NOUFATHUL MIRSHID M.K., ALFA MANZIL, KIZHAKEPALAKUNI, THANNEER, PANTHAL, VENGARI P.O., KARAPARAMBU, KOZHIKODE-673010. (REGISTERED OWNER OF KL 11/BU 0127) ADDL.R36 ABDUL HAMEED T.A., S/O. HUSSAIN, SAJITHA MANZIL, NANDANATH THAZHAM, KOMMERI P.O., VALAYANADU, KOZHIKODE-673007. (REGISTERED OWNER OF KL11/BU 9132) ADDL.R37 JAYAKUMAR N.V., VAYAPURATH HOUSE, EDAKKAD P.O., KOZHIKODE673005. (REGISTERED OWNER OF KL-07/CS 1555) ADDL.R38 FARMINAS P.C., KULANGARA HOUSE, KULANGARA PEEDIKA, POKKUNNU P.O., MANKAVU, KOZHIKODE-673007. (REGISTERED OWNER OF KL-11/BU 9180) ADDL.R39 ABDUL SALAM C.V., CHEKARAYIN VALAPPU, 1123, NADAKAVU P.O., KOZHIKODE-673011. (REGISTERED OWNER OF KL11/BU9492) HEADNOTE- **WP(C) 16485/2021** -: 8 :- ADDL.R40 SHAJI A., ANAKKATTU, THALIKKULANGARA, KOLAMBADANNA, MANIKAVU P.O., KOZHIKODE-673007. (REGISTERED OWNER OF KL-11/BU 9234) ADDL.R41 GOKULA DAS K., THAZHE KOMMALAKKAL, CHEVAYOOR P.O., KOVOOR, KOZHIKODE-673017. (REGISTERED OWNER OF KL11/BU 9480) ADDL.R42 SUMESH K., KAYYATTICHIRA THAZHAM, KOMMERI P.O., VALAYANADU, KOZHIKODE-673007. (REGISTERED OWNER OF KL 11/BV 0561) ADDL.R43 MOHANDAS, AMBALATHIL MARAD, ARAKINAR, KOZHIKODE673028. (REGISTERED OWNER OF KL 85/7637) ADDL.R44 BINDU P., PUTHANPURAKKAL, PUTHUKONATH PARAMB, KOMMERI P.O., KOZHIKODE-673007. (REGISTERED OWNER OF KL-11/BV 0139) ADDL.R45 MUJEEB O.K., OLASSERY KARANTHOOR HOUSE, NORTH BEYPORE, NADUVATTOM P.O., KOZHIKODE-673015. (REGISTERED OWNER OF KL 85/7893) ADDL.R46 VELAYUDHAN T., REMITH NIVAS, PERALNILAM, KINASSERY P.O., POKKUNNU, MANKAVU, KOZHIKODE-673007. (REGISTERED OWNER OF KL 11/ BU 0053) ADDL.R47 USSAIN KOYA N.P., THOPPAYIL, NB ROAD, B 78, NADAKKAVU P.O., KOZHIKODE-673011. (REGISTERED OWNER OF KL11/BU 0779) HEADNOTE- **WP(C) 16485/2021** -: 9 :- ADDL.R48 MANOJ KUMAR P., PONNATH HOUSE, ARAKINAR P.O., SAGARA SARANI, MARAD BEACH, KOZHIKODE-673028. (REGSTERED OWNER OF KL 85/7676. ADDL.R49 NIZZAR, UPPINAKATH HOUSE, BAVOOR PARAMBU, NADUVATTAM, BEYPORE, KOZHIKODE-673015. (REGISTERED OWNER OF KL 85/7987) ***[5]** (ADDITIONAL R8 TO R49 ARE IMPLEADED AS PER ORDER DATED 16/12/2021 IN IA 4/2021) ***[6 ]** ADDL. R50 & R51 ADDL.R50 NOUSHAD N.P., AGED 36 YEARS S/O. MUHAMMAD KUTTY N.P., RESIDING AT KANNANCHERY THAZHE PARAMBU, NEAR TO KANNADATH MASJID, ARAKINAR, NORTH BEYPORE (POST), KOZHIKODE DISTRICT-673015. ADDL.R51 JAYAN M., AGED 43 YEARS, S/O. SIVA RAMAN, THAZHE PUNATHIL, “JAYA NIVAS”, VRINDAVAN COLONY SECOND STOP, CHEVAYUR (POST), KOZHIKODE DISTRICT-673017. ***[6]** (ADDITIONAL R50 AND R51 ARE IMPLEADED AS PER ORDER DATED 16/12/2021 IN IA 5/2021) ***[7]** ADDL. R52 ADDL.R52 THE SECRETARY MUNICIPAL CORPORATION, CALICUT BEACH,NEAR AKASHAVANI,KOZHIKODE-673032. ***[7]** [ADDL. R52 IS IMPLEADED AS ADDL R 52 AS PER ORDER DATED 17/03/2022 IN IA3/2022] HEADNOTE- **WP(C) 16485/2021** -: 10 :- BY ADVS. SRI.BIMAL K. NATH, SR. GOVT. PLEADER K.V.GOPINATHAN NAIR K.V.RASHMI AVM.SALAHUDIN JESWIN P.VARGHESE V.KRISHNA MENON A.D.DIVYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).26772/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **MONDAY, THE 30[TH] DAY OF MAY 2022 / 9TH JYAISHTA, 1944** ## **WP(C) NO. 26772 OF 2021** ## **PETITIONER:** SOCIALIST (SWATHENDRA) MOTOR THOZHILALI UNION (S.M.T.U.) KOZHIKODE, VIJAYA BUILDING, 1-B FIRST FLOOR, PARAYANCHERI, MAVOOR ROAD, KUTHIRAVATTOM P.O., REP. BY ITS SECRETARY T.JAYANTHAN. BY ADV K.V.RASHMI ## **RESPONDENTS:** 1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE TRANSPORT COMMISSIONER, KERALA, TRANS BHAVAN, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695014. 3 THE REGIONAL TRANSPORT OFFICER, KOZHIKODE, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOZHIKODE673020. 4 THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOZHIKODE-673020. 5 TRAFFIC REGULATORY COMMITTEE, KOZHIKODE CORPORATION, CORPORATION BUILDING, KOZHIKODE673001, REP. BY ITS CHAIRMAN. **WP(C) NO. 26772 OF 2021 -2-** 6 CALICUT DISTRICT ELECTRIC AUTO CO-ORDINATION COMMITTEE, REP. BY ITS SECRETARY, ELATHUR P.O., PUTHIYANIRATH, KOZHIKODE DISTRICT-673303. SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).16485/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.16485 & 26772 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 30[th ] day of May, 2022** ## **J U D G M E N T** Ext.P2 notification issued by the first respondent re-fixing the number of autorickshaw permits insofar as it relates to Kozhikode City, is under challenge in these writ petitions. 2. Section 74(3)(a) of the Motor Vehicle's Act (hereinafter referred to as, “the Act”) requires the State Government, on direction by the Central Government, to limit the number of contract carriages on city routes in towns with population of not less than 5 lakhs. In the State of Kerala, three districts – Thiruvananthapuram, Kochi and Kozhikode have been notified in terms of the above. 3. As per the notification published as SRO No.1502/1995 in the Gazette dated 14.12.1995, the number of autorickshaws in the cities of Kozhikode, Kochi and **W.P.(C) Nos.16485 & 26772 of 2021** -: 2 :- Thiruvananthapuram were limited. The limit fixed for Kozhikode city was at 4100. Subsequently as per Ext.P1 notification dated 27.01.2011 the limit of autorickshaws in the city of Kozhikode was fixed at 4337. As per Ext.P2 notification dated 22.11.2018, the permits in the three cities were enhanced by another 3000 numbers but, exclusively for LPG/LNG/CNG/electric autorickshaws. The notification, in so far as it relates to Kozhikode city, is under challenge. 4. Heard learned counsel on either sides and also the learned Senior Government Pleader. 5. In terms of Section 74(3)(a) of the Act, fixation of the number of permits is to be made with due consideration to the number of existing vehicles, road conditions and other relevant matters. The contention of the petitioners is that, there is total lack of material to indicate that while issuing Ext.P2 notification, the Government had taken into consideration the mandates **W.P.(C) Nos.16485 & 26772 of 2021** -: 3 :- imposed under the Section viz. the number of existing vehicles and road conditions. Ext.P2 notification does not indicate so. The counter affidavit filed on behalf of the first respondent does not state that there had been any study regarding the aforementioned parameters regarding the vehicles and road conditions etc. prior to issuance of the notification. The learned counsel for the petitioners also referred to Ext.P10 proceedings of the RTA, Kozhikode dated 31.12.2020 whereunder, applications for issuance of fresh city permits in Kozhikode was rejected in the light of the traffic conditions in the city. On the above, the petitioners contend that there is non-satisfaction of the prescriptions under Section 74(3)(a) of the Act and hence the notification (Ext.P2) is liable to be quashed. 6. The respondents would on the other hand contend that, the order for grant of additional permits for LPG/LNG/CNG/ electric autorickshaws was in the wake of **W.P.(C) Nos.16485 & 26772 of 2021** -: 4 :- the policy of the Union as well as the State to adopt measures for control of pollution. Section 74(3)(a) of the Act provides for fixing the number of permits of any “specified type” of contract carriages; Ext.P2 fixes the number of “specified type” of autorickshaws. It is also contended that the notification has been issued by the Government on satisfaction of the requirements mentioned under the Section and the statute. 7. A reading of Section 74(3)(a) indicates that, while fixing the number of contract carriages, whether of a specified type or general, the State Government is to take into consideration the number of vehicles, the road conditions and other relevant matters. No doubt, the words “other relevant matters” would encompass the factor of pollution and the policy to curb the same. Even the petitioners do not dispute that, control of pollution could be one of the factors to be considered by the Government while issuing a notification under **W.P.(C) Nos.16485 & 26772 of 2021** -: 5 :- Section 74(3)(a) of the Act. However, as rightly contended by the petitioners, that alone is not the criteria for fixing the number of contract carriages, but also the number of vehicles and the road conditions. 8. The power of the Government to fix the number of autorickshaw permits is not disputed. The challenge is as to, whether the Government while issuing the notification had satisfied itself of the requirements and parameters as prescribed under Section 74(3)(a). As noticed first above, prior to Ext.P2 notification, the number of autorickshaw permits in Kozhikode city was last fixed as per Ext.P1 notification in the year 2011. With regard to Thiruvananthapuram city, the number of autorickshaw permits fixed under Ext.P1 was re-fixed and notified as per Ext.R5(a) Gazette notification dated 18.02.2016. Thereunder the number of permits was increased from 4550 to 30000. This was done taking note of the manifold increase in the number of commuters. **W.P.(C) Nos.16485 & 26772 of 2021** -: 6 :- However, insofar as Kozhikode city is concerned, there has been no such re-fixation since Ext.P1 notification. The learned Government Pleader would submit that, the unmet demand in Kozhikode city prompted the Government to issue the present notification and the infrastructural facilities have improved. In this connection, it would be relevant to refer to Ext.P3 Government Order dated 18.11.2020 issued on a request for grant of autorickshaw permit within Kozhikode city. In Ext.P3 Government Order it has been taken note of that, enhancement in the number of permits was granted in the year 2016 within Thiruvananthapuram city only, and that such increase at Kozhikode and Kochi is a necessity by passage of time. Therefore, it is evident that the increase/re-fixation in the number of autorickshaw permits in the city of Kozhikode is a necessity and that the Government was aware of the same. Ext.P2 notification took note of the earlier **W.P.(C) Nos.16485 & 26772 of 2021** -: 7 :- notifications fixing the number of permits in the three cities, Kozhikode, Kochi and Thiruvananthapuram and also the subsequent re-fixation made in the city of Thiruvananthapuram alone wherein the number of permits were increased from 4550 to 30000. It is after reference to the same, that an additional 3000 number of permits were decided to be granted. 9. During the course of the hearing of the writ petitions, this Court on 28.03.2022 passed an order which reads thus:- _“In the light of Ext.P10 decision of the Regional_ _Transport Authority dated 31.12.2020, and the affidavit dated_ _17.03.2022 of the Secretary, Kozhikode Municipal Corporation with regard to the traffic/road condition in Kozhikode city, the first respondent shall file an affidavit as to_ _whether the city of Kozhikode, as per the road conditions, can_ _accommodate/contain the additional 3000 number of autorickshaws notified under Exhibit P2 notification.”_ **W.P.(C) Nos.16485 & 26772 of 2021** -: 8 :- 10. Purusant to the above order, the first respondent has filed an affidavit wherein it is stated, _“Since all the roads in the Corporation of Kozhikode are in good condition, it can accommodate 3000 Nos. of auto rickshaws allotted additionally as per G.O.(P) No.41/2018/Tran. Dated 22.11.2018”_ . The affidavit mentions about the widening of the area of the City in the year 2010 and the increase in the population/residents within the city. It is mentioned to justify the grant with reference to the need of the public. To the said affidavit, the 1[st] petitioner has filed a counter affidavit pointing out that, the widening of the City limits had happened prior to the passing of Ext.P1 notification and it is not a subsequent event prompting the issuance of Ext.P2 notification. Be that as it may, the sum total of the above would indicate that, the Government had taken into consideration the population within the City, the need **W.P.(C) Nos.16485 & 26772 of 2021** -: 9 :- of the traveling public and the road conditions. It cannot be held that the Government while issuing notification in exercise of the authority under Section 74(3)(a) of the Act was oblivious of or was not satisfied of the requirements/parameters mentioned therein. 11. The decision to reserve the additional number of permits exclusively to LPG/LNG/CNG/electric autorickshaws is based on the eco-friendly policy to prevent pollution and is in terms of Section 74(3)(a) of the Act. 12. Ext.P2 notification was published on 22.11.2018 and the present challenge is raised on 10.08.2021. Of course, the petitioners point out that issuance of permit pursuant to Ext.P2 was only few months prior to the filing of the writ petitions. It is brought to the notice of this Court that, after Ext.P2 notification, 551 autorickshaw permits were issued and as of now there **W.P.(C) Nos.16485 & 26772 of 2021** -: 10 :- are 325 pending applications. 13. At best, the petitioners could contend that there is lack of material to find that the Government had satisfied itself of the requirements mentioned in Section 74(3)(a) of the Act. On the discussions as above, it could not be held that the Government was not satisfied of the requirements under the Section nor that the circumstances did not exist. Even assuming that there is an irregularity, unless it is coupled with manifest injustice, Court can exercise its discretion and refuse to issue a writ of Certiorari _**[See General Manager, Electrical Rengali Hydro Electric Project, Orissa and Ors v. Giridhari Sahu and Ors. [2019 (10) SCC 695]**_ . Ultimately, the grant of autorickshaw permits is for public convenience and it is the duty of the authorities to provide adequate infrastructural facilities to accommodate them. Incidentally I may notice that, the petitioners in these writ petitions are existing authorickshaw permit holders **W.P.(C) Nos.16485 & 26772 of 2021** -: 11 :- whose commercial interests would be affected by the notification. 14. The sum total of the above discussions would lead to the conclusion that, interference with Ext.P2 notification is not warranted. Resultantly, the writ petitions fail and are dismissed. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 26772/2021** PETITIONER EXHIBITS - Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.TU19554 OF THE PETITIONER. - Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.10052/2013 DATED 9.4.2013. - Exhibit P3 A TRUE COPY OF THE NOTIFICATION BEARING NO.G.O.(P) NO.4/2011/TRANS DATED 27.1.2011. - Exhibit P4 A TRUE COPY OF THE NOTIFICATION G.O.(P) NO.41/2018/TRANS DATED 22.11.2018. - Exhibit P5 A TRUE COPY OF THE NOTIFICATION NO.GO(RT) NO.388/2020/TRANS DATED 18.11.2020 PROVIDES FOR ADDITIONAL 3000 AUTO PERMITS. - Exhibit P6 A TRUE COPY OF THE RELEVANT PORTION OF DECISION OF THE RTA, KOZHIKODE DATED 3.2.2021. - Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.22563/2019 DATED 28.10.2019. - Exhibit P8 A TRUE COPY OF THE LATEST REPRESENTATION DATED 25.8.2021 SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA. ----- ## **APPENDIX OF WP(C) 16485/2021** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE NOTIFICATION NO.GO(P)| |---|---| ||NO.4/2011 DATED 27.1.2011| |Exhibit P2|TRUE COPY OF THE NOTIFICATION NO.41/2018/TRAN| ||DATED 22.1.2018| |Exhibit P3|TRUE COPY OF THE NOTIFICATION| ||NO.388/2020/TRANS DATED 18.11.2020| |Exhibit P4|TRUE COPY OF THE PROCEEDINGS OF THE RTA,| ||KOZHIKODE DATED 03.02.2021| |Exhibit P5|TRUE COPY OF THE DECISION OF THE MEETING OF| ||DISTRICT COLLECTOR,DATED 19.01.2021| |Exhibit P6|TRUE COPY OF THE PERMIT NO.CCE 0027 DATED| ||3.2.2021| |Exhibit P7|TRUE COPY OF THE JUDGMENT IN WPC| ||NO.22563/2019 DATED 29.10.2019| |Exhibit P8|TRUE COPY OF THE REQUEST DATED 16.7.2021| |EXT.P9|TRUE COPY OF THE ORDER NO.C/7/574/900 DATED| ||26.08.1990 FIXING PARKING PLACE IN KOZHIKODE| ||CITY.| |EXT.P10|TRUE COPY OF THE PROCEEDINGS OF RTA KOZHIKODE| ||DATED 31.12.2020.| |EXT.P11|TRUE COPY OF THE PERMIT ISSUED TO AR KL-11 BR| ||9771 DATED 26.04.2021.| |EXT.P12|TRUE COPY OF THE PROCEEDINGS OF THE| ||SECRETARY, KOZHIKODE CORPORATION DATED| ||02.11.2020.| |EXT.P13|TRUE COPY OF THE REQUEST UNDER RT ACT DATED| ||25.04.2022.| ## **APPENDIX-WP(C) 16485/2021 -2-** |EXT.P14|TRUE COPY OF THE REPLY EXT.P13 DATED| |---|---| ||29.04.2022.| |EXT.P15|TRUE COPY OF THE REQUEST UNDER RT ACT DATED| ||18.04.2022.| |EXT.P16|TRUE COPY OF THE REPLY TO EXT.P15 DATED| ||29.04.2022.| |Exhibit P17|TRUE COPY OF THE REQUEST UNDER RT ACT DATED| ||25.04.2022| |Exhibit P18|TRUE COPY OF THE REPLY TO EXT. P17 DATED| ||29.04.2022| |**RESPONDENT EXHIBITS**|| |Exhibit R5(A)|TRUE COPY OF THE ORDER OF APPROVAL ISSUED BY| ||THE 1ST RESPONDENT REGARDING THE POLICY OF| ||ELECTRIC VEHICLES FOR THE STATE OF KERALA| ||DATED 10/03/2019.| |Exhibit R5(B)|TRUE COPY OF THE INTIMATION ISSUED BY THE 2ND| ||RESPONDENT TO ALL REGIONAL TRANSPORT OFFICERS| ||DATED 02/08/2019.| |Exhibit R8(A)|TRUE COPY OF THE REGISTRATION PARTICULARS IN| ||RESPECT OF 1ST PETITIONER'S VEHICLE.| |Exhibit R8(B)|TRUE COPY OF THE RECEIPT REGARDING THE| ||REMITTANCE OF FEE RELATING TO THE 1ST| ||PETITIONER DATED 19/11/2021.| |Exhibit R50(A)|A TRUE COPY OF GOVERNMENT NOTIFICATION| ||NO.13372/B2/2015/TRAN ISSUED BY THE 1ST| ||RESPONDENT DATED 18/02/2016.| |Exhibit R50(B)|A TRUE COPY OF DECISION OF REGION TRANSPORT| ||AUTHORITY, KOZHIKODE AS ITEM NO.73 DATED| ||03/02/2021.| ## **APPENDIX-WP(C) 16485/2021 -3-** Exhibit R50(C) A TRUE COPY OF APPLICATION FOR CNG PERMIT (FORM P CO. SA) SUBMITTED BY 1ST PETITIONER DATED 27/09/2021. (VEHICLE NO. KL 85 7261) Exhibit R50(D) A TRUE COPY OF APPLICATION FOR CNG PERMIT (FORM P CO.SA) SUBMITTED BY 2ND PETITIONER DATED 04/10/2021 (VEHICLE NO. KL 11 BU 9205) -----