Rakesh E.R. and others v. Regional Transport Authority, Thrissur and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.B.SURESH KUMAR
Judgment Date: 2017-03-29
Court Decision / Holding: The writ petition is disposed of directing the petitioners to submit applications for variation of the objectionable conditions in the permits before the first respondent. If such applications are filed with the requisite fee, they shall be accepted and considered by the first respondent within a week, in light of the decision in Rajesh v. Secretary, R.T.A. (supra).
Final Disposition: Writ petition disposed of; variation applications to be accepted and considered within a week in light of Rajesh v. Secretary, R.T.A.

Parties to the Case

Appellants / Petitioners

RAKESH E.R.
ANIL KUMAR N.K.
P.A.RAPPAI
MOINU M.J.
SURYA NARAYANAN
SINU
VARGHESE
LIYO
NAVEEN FRANCIS
SUMATHI
SHANOOP K.S.
SATHYAN BOSE P.V.
VIJEESH P.V.
UNNIKRISHNAN
VINEESH
SUJA
JOPHI FRANCIS
SUMESH
VIJU
ARJUNAN
SATHEESAN
DILEEP
NIJO THOMAS
JINSON
SHIJAN C.J.
KUMARAN.P.
PULIPARAMBI CHANDRAN BIJU

Respondents

Regional Transport Authority, Thrissur-680 609 (by its Secretary)
The Secretary, Regional Transport Authority, Thrissur-680 609
The Regional Transport Officer, Thrissur-680 609
The Thrissur Corporation, Thrissur (by its Secretary)
The Secretary, Thrissur Corporation, M.O Road, Thrissur-680 020

Legal Representation & Advocates

Counsels for Petitioners

• P.K. Anil

Counsels for Respondents

• C.S. Sheeja
• Santhosh P. Poduval

Case Synopsis & Summary

The petitioners are autorickshaw operators in Thrissur District challenging the objectionable conditions imposed in their vehicle permits, particularly relating to parking and passenger pickup. They contend that the permit conditions unduly restrict their operations and have approached the first respondent for variation of these conditions, alleging that the current regime is restrictive and not uniformly applied. They rely on a prior High Court decision, Rajesh v. Secretary, R.T.A., 2014 (3) KLT 341, as precedent supporting their request for variation. The respondents’ position is not elaborated in the judgment, but the petitioners’ reliance on the Rajesh decision forms the core of their argument. After hearing, the court acknowledges the parallel with the earlier case and proceeds to dispose of the petition by directing the petitioners to submit variation applications to the first respondent with the requisite fee. The court states that such applications must be accepted and considered by the first respondent within a week, in light of the Rajesh decision. The ruling thereby grants a pragmatic remedy aimed at timely variation while referring to a controlling precedent to guide the process.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the permit conditions regarding parking and passenger pickup are objectionable and unduly restrictive. They have moved for variation of these conditions, relying on a precedent set by Rajesh v. Secretary, R.T.A. (2014 (3) KLT 341) to justify relief and urge the first respondent to accept and consider their variation applications upon payment of the prescribed fee.

Contentions of Respondents

The judgment does not elaborate the respondents' detailed arguments; it notes only that the petitioners rely on the Rajesh decision and intends to apply it to permit variation; the court ultimately directs processing of variation applications in line with the cited precedent.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Rajesh v. Secretary, R.T.A.	2014 (3) KLT 341	Positive	The petitioners rely on this decision for relief; the court applies the principle from this precedent to permit variation of permit conditions.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939** ## **WP(C).No. 10954 of 2017 (T)** ## **----------------------------** ## **PETITIONERS:** **----------------------** ## **1. RAKESH E.R.,** - **AGED 27 YEARS, S/O.RAJENDRAN, ILLIKKAL HOUSE, KURICHIKARA P.O, MATTAMPURAM, TRICHUR.** ## **2. ANIL KUMAR N.K.,** - **NAKKATH HOUSE, KANNAPURA, CHETTUPUZHA P.O, TRICHUR.** **3. P.A.RAPPAI, PORANTHARAPILLY HOUSE, ARANATTUKARA P.O, TRICHUR.** ## **4. MOINU M.J.,** - **MALAIKULAM HOUSE, POOTHOLE P.O, TRICHUR.** **5. SURYA NARAYANAN, KUNNAMKOVIL HOUSE, PLAKKAT LANE, TRICHUR.** ## **6. SINU,** - **PUTHANPARAMBIL HOUSE, KOLAZHY P.O, TRICHUR.** **7. VARGHESE, KOMBAN HOUSE, POPE JOHN NAGAR, I BLOCK, KURIACHIRA, CHIYYARAM, TRICHUR.** ## **8. LIYO,** - **PUTHEDATH HOUSE, MADAKKATHARA, TRICHUR,** ## **9. NAVEEN FRANCIS,** - **KODAKKADAN HOUSE, KURIACHIRA , TRICHUR.** **10. SUMATHI, THETTARI HOUSE, KANNAPURAM, CHETTUPUZHA , MANAKKODY P.O, MANAKKODI , TRICHUR.** **2/-** **-2-** ## **WP(C).No. 10954 of 2017 (T)** ## **11. SHANOOP K.S., KATTUNGAL HOUSE, NETTISSERY P.O, MUKKATTUKARA, TRICHUR.** ## **12. SATHYAN BOSE P.V., PUNNOKKARAN HOUSE, AYYANTHOLE P.O, TRICHUR.** ## **13. VIJEESH P.V., PARAPARAMBIL HOUSE, KAIPARAMBU P.O,TRICHUR.** ## **14. UNNIKRISHNAN, PARAPURATH HOUSE, PUTHUR, TRICHUR.** ## **15. VINEESH,** ## **KODIYAN HOUSE, PUTHUR P.O, TRICHUR.** ## **16. SUJA,** ## **PANANCHERRY HOUSE, JANATHA ROAD, KURIACHIRA P.O, TRICHUR.** ## **17. JOPHI FRANCIS,** **KANNAMPUZHA PARAMBAN HOUSE, NETTISSERY P.O, TRICHUR.** ## **18. SUMESH,** ## **PALLIMACKAL HOUSE, KANATTUKARA TRICHUR,** ## **19. VIJU,** - **13/211,MALIYEKKAL HOUSE, CHIYYARAM P.O, TRICHUR,** ## **20. ARJUNAN,** - **MARAYIL HOUSE, CHAZHOOR, TRICHUR,** ## **21. SATHEESAN,** ## **M G, MARAVATTIKKAL HOUSE, CHETTUPUZHA P.O, PULLAZHI, TRICHUR.** ## **22. DILEEP, PANDARIPARAMBIL HOUSE, EAST FORT P.O, TRICHUR.** **23. NIJO THOMAS, THAIKADAN HOUSE, VILLADAM, R V PURAM P.O, TRICHUR,** **3/-** **-3-** ## **WP(C).No. 10954 of 2017 (T)** ## **24. JINSON, CHALISSERY HOUSE, KLAVITHA ROAD, KUTTANELLUR P.O, TRICHUR.** **25. SHIJAN C.J., CHOONDAL HOUSE, PONGANAMKAD, KURICHIKKARA, TRICHUR.** ## **26. KUMARAN.P.,** - **NELLIYIL HOUSE, PADINJATT MURI, KUTTUR P.O ,TRICHUR.** **27. PULIPARAMBI CHANDRAN BIJU, PULIPARAMBIL HOUSE, LALOOR, ELTHURUTH P.O, TRICHUR.** ## **BY ADV. SRI.P.K.ANIL** **RESPONDENTS:** - **--------------------------** **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 TO R3 BY SR 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 29-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** **WP(C).No. 10954 of 2017 (T) ----------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **--------------------------------------** **EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT.** **EXHIBIT P1(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER** **EXHIBIT P2 TRUE COPY OF THE DRIVING LICENCE OF THE 2ND PETITIONER** **EXHIBIT P3 TRUE COPY OF THE DRIVING LICENCE OF THE 3RD PETITIONER** **EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER** **EXHIBIT P4(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO 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 THE AADHAR CARD OF THE 7TH PETITIONER** **EXHIBIT P8 TRUE COPY OF THE AADHAR CARD OF THE 8TH PETITIONER** - **EXHIBIT P9 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 9TH PETITIONER.** **EXHIBIT P10 TRUE COPY OF THE AADHAR CARD OF THE 10TH PETITIONER** - **EXHIBIT P11 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 11 TH PETITIONER** - **EXHIBIT P11(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 11TH PETITIONER** **EXHIBIT P12 TRUE COPY OF THE DRIVING LICENSE OF THE 12TH PETITIONER** - **EXHIBIT P13 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 13TH PETITIONER** - **EXHIBIT P14 TRUE COPY OF ELECTION IDENTITY CARD OF THE 15TH PETITIONER** - **EXHIBIT P15 TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 16TH PETITIONER** - **EXHIBIT P16 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 16TH PETITIONER** **2/-** **-2-** **WP(C).No. 10954 of 2017 (T)** **EXHIBIT P17 TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 17TH PETITIONER** **EXHIBIT P17(A) TRUE COPY OF THE PERMIT OF THE 17TH PETITIONER** - **EXHIBIT P18 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER NO.18** - **EXHIBIT P19 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER** **EXHIBIT P19(A) TRUE COPY OF THE PERMIT PERMIT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER** **EXHIBIT P20 TRUE COPY OF THE DRIVING LICENCE OF 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 DRIVING LICENSE OF 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 AADHAR CARD OF THE 25TH PETITIONER** - **EXHIBIT P26 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE 26TH PETITIONER** **EXHIBIT P26(A) TRUE COPY OF THE PERMIT OF THE 26TH PETITIONER** **EXHIBIT P27 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER NO.27** - **EXHIBIT P28 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.1 TO THE IST RESPONDENT FOR VARIATION OF PERMIT** - **EXHIBIT P29 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.2. OF THE IST RESPONDENT** **3/-** **-3-** ## **WP(C).No. 10954 of 2017 (T)** **EXHIBIT P30 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.3 TO THE IST RESPONDENT** - **EXHIBIT P31 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.4 TO THE IST RESPONDENT** - **EXHIBIT P32 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.5 TO THE IST RESPONDENT** - **EXHIBIT P33 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.6 TO THE IST RESPONDENT** - **EXHIBIT P34 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.7 TO THE IST RESPONDENT** - **EXHIBIT P35 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.8 TO THE IST RESPONDENT** - **EXHIBIT P36 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.9 TO THE IST RESPONDENT** - **EXHIBIT P37 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.10 TO THE IST RESPONDENT** - **EXHIBIT P38 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.11 TO THE IST RESPONDENT** - **EXHIBIT P39 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.12 TO THE IST RESPONDENT** - **EXHIBIT P40 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.13 TO THE IST RESPONDENT** - **EXHIBIT P41 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.14 TO THE IST RESPONDENT** - **EXHIBIT P42 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.15 TO THE IST RESPONDENT** - **EXHIBIT P43 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.16 TO THE IST RESPONDENT** - **EXHIBIT P44 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.17 TO THE IST RESPONDENT** - **EXHIBIT P45 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.18 TO THE IST RESPONDENT** - **EXHIBIT P46 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.19 TO THE IST RESPONDENT** **4/-** **-4-** ## **WP(C).No. 10954 of 2017 (T)** **EXHIBIT P47 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.20 TO THE IST RESPONDENT** - **EXHIBIT P48 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.21 TO THE IST RESPONDENT** - **EXHIBIT P49 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.22 TO THE IST RESPONDENT** - **EXHIBIT P50 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.23 TO THE IST RESPONDENT** - **EXHIBIT P51 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.24 TO THE IST RESPONDENT** - **EXHIBIT P52 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.25 TO THE IST RESPONDENT** - **EXHIBIT P53 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.26 TO THE IST RESPONDENT** - **EXHIBIT P54 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER NO.27 TO THE IST RESPONDENT** - **EXHIBIT P55 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLANTE TRIBUNAL, ERNAKULAM IN MVAA 417/2011** - **EXHIBIT P56 TRUE COPY OF THE JUDGMENT IN WPC NO.20209/2015 OF THIS HON'BLE COURT** - **EXHIBIT P57 TRUE COPY OF THE JUDGMENT IN WPC NO.15267/2016 OF THIS HON'BLE COURT.** **RESPONDENT(S)' EXHIBITS:** ## **NIL** **-----------------------------------------** **/TRUE COPY/** **P.A.TO JUDGE** **sts** ## **P.B.SURESH KUMAR, J.** ## **--------------------------------------------** ## **W.P.(C).No.10954 of 2017** ## **---------------------------------------------------------------** ## **Dated this the 29[th] day of March, 2017** ## **JUDGMENT** The petitioners are plying autorikshaws in Thrissur District. They are aggrieved by the conditions in the permits issued to them concerning the parking of the vehicles and picking up of passengers. It is alleged that though the petitioners have approached the first respondent with a request for variation of the objectionable conditions, the first respondent is not accepting applications from them. The petitioners, therefore, approached this Court challenging the objectionable conditions in the permits. The petitioners rely on the decision of this Court in **Rajesh** v. **Secretary, R.T.A.** (2014 (3) KLT 341) in support of their case. 2. Heard the learned counsel for the petitioners as also the learned Government Pleader. 3. **Rajesh** v. **Secretary, R.T.A.** ( _supra_ ) is a case 2 ## _**W.P.(C).No.10954 of 2017**_ wherein this Court had dealt with the grievance identical to the grievance voiced by the petitioners herein. In the circumstances, the writ petition is disposed of permitting the petitioners to submit applications for variation of the objectionable conditions in the permits before the first respondent. It is also directed that if applications are preferred by the petitioners as directed above with the requisite fee, the same shall be accepted and considered by the first respondent, in the light of the decision in **Rajesh v. Secretary, R.T.A.** ( _supra_ ), within a week thereafter. Sd/- **P.B.SURESH KUMAR JUDGE** rsr