Sathyan and others v. Regional Transport Authority, Thrissur and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **TUESDAY, THE 28TH DAY OF FEBRUARY 2017/9TH PHALGUNA, 1938** **WP(C).No. 6567 of 2017 (U) ---------------------------** ## **PETITIONER(S):** - **-------------** **1. SATHYAN, PAMBUMKATTIL HOUSE, MADATHARA P.O., TRICHUR DISTRICT.** **2. V.BALAN, MECHERY HOUSE, KOTTAPURAM ROAD, TRICHUR.** **3. A.S.JAYAN, ATTAMPULLY HOUSE, NELLANKARA, TRICHUR.** **4. RAJU M.P., 44/269, MANALOIPARAMBIL HOUSE, NEDUPUZHA, TRICHUR.** **5. VINU, KANNAMPUZHA HOUSE, ELTHURUTHU P.O., TRICHUR.** **6. JITHISH T.S., THATTUPARAMBIL HOUSE, ELTHURUTHU P.O., TRICHUR.** **7. NIMESH V.A., VALLATHUPARAMBIL HOUSE, MANAKODY P.O., TRICHUR.** **8. SAHAJI T.B., 46/223, THAIVALAPPIL HOUSE, CHETTUPUZHA, TRICHUR.** **9. JOSE, KUNDUKULANGARA HOUSE, VELUTHUR P.O., TRICHUR.** **10. KOCHAPPU, KUNDUKULANGARA HOUSE, AYYANTHOLE P.O., TRICHUR.** **SKG** ## **WP(C).No. 6567 of 2017 (U) ---------------------------** ## **11. DAVIS,** ## **P.C RAMANGALAN HOUSE, ADATT, TRICHUR.** **12. RONALD M.G., MUTHIRAPARAMBIL HOUSE, ANCHERY P.O., TRICHUR.** **13. JOSE, VILAYIL HOUSE, AYYANTHOLE G.P, TRICHUR.** **14. VINU VENUGOPAL, VELLAIKKAL HOUSE, EAST FORT, RAJERSHI LANE, 15TH STREET, KIZHAKKANPATTUKARA, TRICHUR.** ## **15. RAJESH,** - **ADIYOLI HOSUE, KANDANNUR P.O., TRICHUR.** **16. ALBIN JOSE T., THAIKADAN HOUSE, VILLADAM, T C PURAM P.O., TRICHUR.** **17. VALSAKUMAR,** - **880, CHELOOKKARAN HOUSE, NADATHARA, TRICHUR.** **18. VINOD V., VETIYATTIL HOUSE, CHEROOR P.O., TRICHUR.** **19. MAGEESH O.K.,** - **OPTILAKATHE HOUSE, AYHYANTHOLE P.O., PUTHURKARA, TRICHUR.** **20. DAVIS,** - **3/226, ALUKKAPARAMHIL HOUSE, OLLUKKARA P.O., TRICHUR.** **21. SHANAVAS M.,** - **615, NETATH KALAM HOUSE, NADATHARA, TRICHUR.** **22. SIJI,** - **61B, MALIYEKKAL HOUSE, OLLUKARA GRAMA PANCHAYATH, TRICHUR.** **23. PRAMOD, PUTHENCHIRA HOUSE, CHIYARAM P.O., TRICHUR.** **SKG** ## **WP(C).No. 6567 of 2017 (U)** ## **---------------------------** ## **24. B.MOHANDAS,** - **CHENCHERY HOUSE, ANCHERY P.O., TRICHUR.** **25. WILSON, MANUVELYPARAMBIL HOUSE, ERAVIMANGALAM P.O., TRICHUR.** **26. K.M.VALSON, KARAMPARAMBIL HOUSE, ARANATTUKARA, KIZHAKEPURAM, TRICHUR.** **27. VIMOJ A.N., ANTHIKAT HOUSE, SHANKARAYYAR ROAD, POOTHOLE P.O., TRICHUR.** **28. JOY A.K.,** **ANBAZHAKADAN HOUSE, KUNNATHUMKARA, OLLUKARA P.O., TRICHUR.** ## **29. RAPPAIKUTTY,** - **TATTIL EIYYU HOUSE, OLLUR P.O., TRICHUR.** ## **30. RAJESH,** - **1/778, KOCHUPURAKKAL HOUSE, ASARIKKAD P.O., CHERUMKUZHYU, MANAMANGALAM VILLAGE, TRICHUR.** **31. PRASAD KUMAR V., CHENCHERY HOSUE, POLOOKKARA, ERAVIMANGALAM P.O., TRICHUR.** **32. SHIHAB, PALLIPHOMGAN HOUSE, KRISHNAPURAM KALTHOD P.O., OLLUKARA, TRICHUR.** **33. SUDHEER K.B., KIZHAKEPURAKKAL HOUSE, AYYANTHOLE P.O., TRICHUR.** ## **34. LINTO JOSE.,** **NELLISERY HOUSE, CHIYYARAM P.O., TRICHUR.** **BY ADV. SRI.P.K.ANIL** **SKG** **WP(C).No. 6567 of 2017 (U) ---------------------------** ## **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.** **R1-R3 BY SENIOR 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 28-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **SKG** ## **WP(C).No. 6567 of 2017 (U)** ## **---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -----------------------** - **P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** - **P1(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.** - **P2 TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.** - **P2(A) TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.** - **P3 TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.** - **P3(A) TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.** - **P4 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 4TH PETITIONER.** - **P5 TRUE COPY OF THE AADHAR CARD OF THE 5TH PETITIONER.** - **P6 TRUE COPY OF THE DRIVING LICENCE THE 6TH PETITIONER.** - **P7 TRUE COPY OF THE DRIVING LICENCE OF THE 7TH PETITIONER.** - **P8 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 8TH PETITIONER.** - **P9 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 9TH PETITIONER.** - **P9(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 10TH PETITIONER.** - **P10 TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 10TH PETITIONER.** ## **SKG** ## **WP(C).No. 6567 of 2017 (U)** ## **---------------------------** **P10(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 10TH PETITIONER. P11 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 11TH PETITIONER. P11(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 11TH PETITIONER. P12 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 12TH PETITIONER. P12(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 12TH PETITIONER. P13 TRUE COPY OF THE REGISTRATION CERTIFICATE 1 ISSUED BY THE 2ND RESPONDENT TO THE 13TH PETITIONER. P13(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 13TH PETITIONER. P14 TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 14TH PETITIONER. P14(A) TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT OT THE 14TH PETITIONER. P15 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 15TH PETITIONER. P15(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 15TH PETITIONER. P16 TRUE COPY OF THE AADHAR CARD OF THE 16TH PETITIONER. P17 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 17TH PETITIONER. P18 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 18TH PETITIONER. P18(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 18TH PETITIONER. P19 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 19TH PETITIONER. P19(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 19TH PETITIONER. SKG** **WP(C).No. 6567 of 2017 (U) --------------------------P20 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 20TH PETITIONER. P20(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 20TH PETITIONER. P21 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER NO.21. P22 TRUE COPY OF THE ELECTION IDENTITY CARED OF THE 22ND PETITIONER. P23 TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER. P23(A) TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER. P24 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P25 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 25TH PETITIONER. P25(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 25TH PETITIONER. P26 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 26TH PETITIONER. P26(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 26TH PETITIONER. P27 TRUE COPY OF THE DRIVING LICENCE OF THE 27TH PETITIONER. P28 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 31ST PETITIONER. P28(A) TRUE COPY OF THE DRIVING LICENCE OF THE 32ND PETITIONER. P29 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 33RD PETITIONER. P29(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 33RD PETITIONER. P30 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO. 30. SKG** **WP(C).No. 6567 of 2017 (U) ---------------------------** **P30(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO. 30. P31 TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 31ST PETITIONER. P31(A) TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 31ST PETITIONER. P32 TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 32ND PETITIONER. P32(A) TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 32ND PETITIONER. P33 TRUE COPY OF THE DRIVING LICENCE OF THE 33RD PETITIONER. P34 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.34. P34(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.34. P35 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 1 TO THE 1ST RESPONDENT DATED 24.9.2016. P36 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 2 TO THE 1ST RESPONDENT DATED 24.9.2016. P37 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 3 TO THE 1ST RESPONDENT DATED 24.9.2016. P38 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 4 TO THE 1ST RESPONDENT DATED 24.9.2016. P39 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 5 TO THE 1ST RESPONDENT DATED 24.9.2016. P40 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 6 TO THE 1ST RESPONDENT DATED 24.9.2016. SKG** **WP(C).No. 6567 of 2017 (U) ---------------------------** **P41 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 7 TO THE 1ST RESPONDENT DATED 24.9.2016. P42 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 8 TO THE 1ST RESPONDENT DATED 24.9.2016. P43 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 9 TO THE 1ST RESPONDENT DATED 24.9.2016. P44 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 10` TO THE 1ST RESPONDENT DATED 24.9.2016. P45 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 11 TO THE 1ST RESPONDENT DATED 24.9.2016. P46 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.12 TO THE 1ST RESPONDENT DATED 24.9.2016. P47 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 13 TO THE 1ST RESPONDENT DATED 24.9.2016. P48 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 14 TO THE 1ST RESPONDENT DATED 24.9.2016. P49 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 15 TO THE 1ST RESPONDENT DATED 24.9.2016. P50 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 16 TO THE 1ST RESPONDENT DATED 24.9.2016. P51 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 17 TO THE 1ST RESPONDENT DATED 24.9.2016. P52 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 18 TO THE 1ST RESPONDENT DATED 24.9.2016. P53 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 19 TO THE 1ST RESPONDENT DATED 24.9.2016. SKG** **WP(C).No. 6567 of 2017 (U) ---------------------------** **P54 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 20 TO THE 1ST RESPONDENT DATED 24.9.2016. P55 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 21 TO THE 1ST RESPONDENT DATED 24.9.2016. P56 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 22 TO THE 1ST RESPONDENT DATED 24.9.2016. P57 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 23 TO THE 1ST RESPONDENT DATED 24.9.2016. P58 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 24 TO THE 1ST RESPONDENT DATED 24.9.2016. P59 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 25 TO THE 1ST RESPONDENT DATED 24.9.2016. P60 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 26 TO THE 1ST RESPONDENT DATED 24.9.2016. P61 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 27 TO THE 1ST RESPONDENT DATED 24.9.2016. P62 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 28 TO THE 1ST RESPONDENT DATED 24.9.2016. P63 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 29 TO THE 1ST RESPONDENT DATED 24.9.2016. P64 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 30 TO THE 1ST RESPONDENT DATED 24.9.2016. P65 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 31 TO THE 1ST RESPONDENT DATED 24.9.2016. P66 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 32 TO THE 1ST RESPONDENT DATED 24.9.2016. SKG** ## **WP(C).No. 6567 of 2017 (U) ---------------------------** **P67 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 33 TO THE 1ST RESPONDENT DATED 24.9.2016. P68 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 34 TO THE 1ST RESPONDENT DATED 24.9.2016. P69 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MVAA. 417/2011. P70 TRUE COPY OF THE JUDGMENT IN WPC NO. 20209/15 OF THIS HON'BLE COURT. P71 TRUE COPY OF THE JUDGMENT IN WPC.NO. 15267/16 OF THIS HON'BLE COURT.** **RESPONDENT(S)' EXHIBITS ----------------------NIL** **/TRUE COPY/** ## **P.S. TO JUDGE** **SKG** ## **P.B. SURESH KUMAR, J.** **------------------------------------------------** **W.P.(C) No.6567 of 2017** **-----------------------------------------------Dated this the 28[th] day of February, 2017** ## **JUDGMENT** The petitioners are plying autorikshaws in Thrissur district. They submitted Exts.P35 to P68 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.P35 to P68 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 W.P.(C) No.6567 of 2017 -2- 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 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.** bpr