High Court of KeralaSingle Judge2016-10-20Writ petition disposed; variations of permit co...

Shameer E.M. and others v. Regional Transport Authority, Thrissur and others

Case / Petition Number:WP(C).No. 33543 of 2016 (P)

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.B.SURESH KUMAR
Judgment Date: 2016-10-20
Court Decision / Holding: Writ petition disposed; petitioners are permitted to submit applications for variation of objectionable permit conditions before the first respondent; such applications shall be accepted and considered within a week, in light of Rajesh v. Secretary, R.T.A. (supra).
Final Disposition: Writ petition disposed; variations of permit conditions to be considered upon application, within one week, following Rajesh precedent.

Parties to the Case

Appellants / Petitioners

Shameer E.M.
Sony
Rajesh
Jemeesh
Preeji M.G
Rajitha
Jiju Varghese
Abin Varghesse
Santhosh P.A.
Brindesh G.C
Dhanesh M.J.
Sunil P.S.
Shibu M.D.
Kiran K.S.
Johnson
Sheela Kannampuzha
Josy
Jayan
Suneesh
Anil
Shanup P.S.
Sivadasan
Ravikumar
Santhosh
Ajayan K.V.
Ranjith N.C
Robi T.J.
Jithin A.J
Binto Manavalan Antony
Sunny

Respondents

Regional Transport Authority, Thrissur - 680 609, rep. by its Secretary
The Secretary, Regional Transport Authority, Thrissur - 680 609
The Regional Transport Officer, Thrissur - 680 609
The Thrissur Corporation, Thrissur, rep. by its Secretary - 680 620
The Secretary, Thrissur Corporation, M.O. Road, Thrissur - 680 620

Legal Representation & Advocates

Counsels for Petitioners

• Sri P.K Anil

Counsels for Respondents

• Sri P.M Manoj
• Sri Santhosh P. Poduval, SC

Case Synopsis & Summary

The petitioners, a group of autorickshaw operators in Thrissur district, challenge the conditions imposed in their vehicle permits, particularly those governing parking arrangements and the picking up of passengers. They allege that the permit terms are onerous and hamper their daily operations, and that the first respondent authority has not entertained their applications for variation of the objectionable conditions despite requests. The writ petition before the Kerala High Court seeks judicial direction to modify the permit conditions to suit the petitioners’ practical needs. The petition relies on the court’s earlier decision in Rajesh v. Secretary, R.T.A., 2014 (3) KLT 341, arguing that variation of permit conditions is warranted where regulatory provisions cause undue hardship or administrative inconvenience. The government pleader and petitioners’ counsel argued the petitioners’ grievances and pressed for variation consistent with the cited precedent. After hearing submissions, the court observed that the Rajesh decision addressed a similar grievance and, on that basis, disposed of the petition by permitting the petitioners to submit applications for variation to the first respondent. It directed that if such applications are filed, they must be accepted and considered expeditiously, within a week, in light of the Rajesh decision. The judgment thus provides a focused remedy balancing regulatory control with operators’ practical needs, while ensuring adherence to settled precedents.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the autorickshaw permits impose objectionable conditions on parking and passenger pickup, hampering their daily operations. They seek variation of these conditions and rely on the Kerala High Court decision in Rajesh v. Secretary, R.T.A. to support their request. They also allege that the first respondent has not entertained their applications for variation despite requests.

Contentions of Respondents

Represented by government pleader; the arguments of respondents in detail are not elaborated in the provided excerpt, but the court notes the opposing stance of the authorities and proceeds to decide based on precedent.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Rajesh v. Secretary, R.T.A.	2014 (3) KLT 341	Positive	The court relies on this decision to support variation of permit conditions and directs its follow-up action accordingly.
State Transport Appellate Tribunal, Ernakulam in MVAA 417/2011	MVAA 417/2011	Mentioned Only	Attached as exhibit; not relied upon for the disposal reasoning in the excerpt.

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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 P.B.SURESH KUMAR** ## **THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938** **WP(C).No. 33543 of 2016 (P)** **----------------------------** ## **PETITIONER(S):** - **-------------** ## **1. SHAMEER E.M.** - **S/O. MUHAMMED, AGED 33 YEARS, EDAQVAZHIPURATH HOUSE, K.S.N NAGAR, VADOORKIKARA P.O., TRICHUR.** **2. SONY, PULIKOTTIL HOUSE, NADATHARA P.O., TRICHUR.** **3. RAJESH** - **CHEEROTH HOUSE, KUTTUR P.O., TRICHUR.** **4. JEMEESH** **VALLATH HOUSE, MANAKKODI, TRICHUR.** ## **5. PREEJI M.G** - **PADINJATHARA HOUSE, KODUVELI LANE, VELAPPAYA ROAD, KILANNUR, MULAGUNNATHUKAVU, TRICHUR.** ## **6. RAJITHA** - **HASSAN MANZIL, VADOOKARA P.O., KOORKANCHERRY, TRICHUR.** **7. JIJU VARGHESE ALUKKAL HOUSE, NADATHARA P.O.,TRICHUR.** **8. ABIN VARGHESSE M MUTTATH HOUSE, ELTHURUTH P.O., TRICHUR.** **9. SANTHOSH P.A PARAMEL HOUSE, PULLAZHY, TRICHUR.** **10. BRINDESH G.C GOKULAM, MANNUTHY P.O., TRICHUR.** **11. DHANESH M.J MANJALI HOUSE, AYYANTHOLE, TRICHUR.** ## **WP(C).No. 33543 of 2016 (P)** **12. SUNIL P.S** - **PLAVALAPPIL HOUSE, LALOOR, ELTHURUTH P.O., TRICHUR.** **13. SHIBU M.D MUTHIPEEDIKA HOUSE, THAIKKATTUSSERY P.O.,TRICHUR.** **14. KIRAN K.S KUNDU VEEDU, MANAKKODI P.O., TRICHUR.** **15. JOHNSON, VELLANIKKARA HOUSE, KATCHERI EAST FORT P.O, TRICHUR.** **16. SHEELA KANNAMPUZHA HOUSE, JEEVAN STREET, KURIACHIRA P.O., TRICHUR.** **17. JOSHY, PALIYEKKARA HOUSE, NADATHARA P.O., TRICHUR.** **18. JAYAN, KUTTANKULAGARA HOUSE, CHETTUPUZHA P.O., TRICHUR.** **19. SUNEESH, PALLIKOODATH HOUSE, PURANATTUKARA P.O., TRICHUR.** **20. ANIL, KOTTAMPALLY HOUSE, PUNKUNNAM P.O., TRICHUR.** **21. SHANUP P.S** - **PATTADATH HOUSE, AYYANTHOLE P.O., KANATTUKARA, TRICHUR.** **22. SIVADASAN, PARAVATH HOUSE, ERAVIMANGALAM P.O, TRICHUR.** **23. RAVIKUMAR, PULIPARAMBIL HOUSE, CHETTUPUZHA P.O., TRICHUR.** **24. SANTHOSH, MALIYEKAL HOUSE, CHITTILAPPILLY P.O., TRICHUR.** **25. AJAYAN K.V.,KOTTAPARAMBIL HOUSE, VELLANIKKARA P.O., TRICHUR.** **26. RANJITH N.C NEDUMPULLY HOUSE, ELTHURUTH P.O., TRICHUR.** **27. ROBI T.J.,THERATTIL HOUSE, PURANATTUKARA P.O., TRICHUR.** ## **WP(C).No. 33543 of 2016 (P)** **28. JITHIN A.J AYYANPPATH HOUSE, KODANNUR P.O., PALLIPURAM, TRICHUR.** ## **29. BINTO MANAVALAN ANTONY** **MANAVALAN HOUSE, PULLAZHY P.O., TRICHUR.** ## **30. SUNNY** **KODAKKADAN HOUSE, OLLUR 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 - 680 620.** **5. THE SECRETARY THRISSUR CORPORATION, M.O.ROAD, THRISSUR - 680 620.** **R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ R4 & R5 BY ADV. SRI. SANTHOSH P.PODUVAL, SC,** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **bp** **WP(C).No. 33543 of 2016 (P)** ## **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** **P1: TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER.** - **P2: TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER. P3: TRUE COPY OF THE AADHAR CARD OF THE 3RD PETITIONER. P4: TRUE COPY OF THE AADHAR CARD OF THE 4TH PETITIONER.** - **P5: TRUE COPY OF THE AADHAR CARD OF THE 5TH PETITIONER. P6: TRUE COPY OF THE AADHAR CARD OF THE 6TH PETITIONER. P7: TRUE COPY OF THE DRIVING LICENCE OF THE 7TH PETITIONER.** - **P8: TRUE COPY OF THE DRIVING LICENCE OF THE 8TH PETITIONER.** - **P9: TRUE COPY OF THE DRIVING LICENCE OF THE 9TH PETITIONER.** - **P10: TRUE COPY OF THE DRIVING LICENCE OF THE 10TH PETITIONER.** - **P11: TRUE COPY OF THE DRIVING LICENCE OF THE 11TH PETITIONER.** - **P12: TRUE COPY OF THE DRIVING LICENCE OF THE 12TH PETITIONER.** - **P13: TRUE COPY OF THE DRIVING LICENCE OF THE 13TH PETITIONER.** - **P14: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 14TH PETITIONER.** - **P15: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 15TH PETITIONER.** - **P16: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 16TH PETITIONER.** - **P17: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 17TH PETITIONER.** **WP(C).No. 33543 of 2016 (P)** |**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 PETITIONER NO.18.**| |**P19:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO.19.**| |**P19(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.19.**| |**P20:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE AND**| ||**PERMIT ISSUED BY THE 2ND RESPONDENT TO THE**| ||**PETITIONER NO.20.**| |**P20(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.20.**| |**P21:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO.21.**| |**P21(A):**|**TRUE COPY OF THE PERMIT ISSUED BYTHE 2ND RESPONDENT**| ||**TO THE PETITIONER NO.21.**| |**P22:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO.22.**| |**P22(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONE NO.22.**| |**P23:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 23.**| |**P23(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.23.**| |**P24:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 24.**| |**P24(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.24.**| |**P25:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO.25.**| |**P25(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.25.**| |**P26:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 26.**| ## **WP(C).No. 33543 of 2016 (P)** |**P26(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT**| |---|---| ||**TO THE PETITIONER NO.26.**| |**P27:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 27.**| |**P27(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.27.**| |**P28:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 28.**| |**P28(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.28.**| |**P29:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 29.**| |**P29(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.29.**| |**P30:**|**TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY**| ||**THE 2ND RESPONDENT TO THE PETITIONER NO. 30.**| |**P30(A):**|**TRUE COPY OF THE PERMIT ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER NO.30.**| |**P31:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONE NO.1**| ||**BEFORE THE 3RD RESPONDENT.**| |**P32:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.2.**| |**P33:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.3.**| |**P34:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.4.**| |**P35:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.5.**| |**P36:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.6.**| |**P37:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.7.**| |**P38:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.8.**| ## **WP(C).No. 33543 of 2016 (P)** |**P39:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| |---|---| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.9.**| |**P40:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.10.**| |**P41:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.11.**| |**P42:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.12.**| |**P43:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.13.**| |**P44:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.14.**| |**P45:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.15.**| |**P46:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.16.**| |**P47:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.17.**| |**P48:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.18.**| |**P49:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.19.**| |**P50:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.20.**| |**P51:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.21.**| |**P52:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.22.**| |**P53:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.23.**| |**P54:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.24.**| |**P55:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.25.**| |**P56:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.26.**| **WP(C).No. 33543 of 2016 (P)** |**P57:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| |---|---| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.27.**| |**P58:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.28.**| |**P59:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.29.**| |**P60:**|**TRUE COPY OF THE APPLICATION FOR VARIATION OF**| ||**PERMITS TO BE SUBMITTED BY THE PETITIONER NO.30.**| |**P61:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.1 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P62:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.2 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P63:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.3 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P64:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.4 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P65:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.5 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P66:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.6 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P67:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.7 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P68:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.8 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P69:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.9 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P70:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.10 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| **WP(C).No. 33543 of 2016 (P)** |**P71:**|**TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER**| |---|---| ||**NO.11 TO THE 1ST RESPONDENT DATED 24.09.2016.**| |**P72:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.12 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P73:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.13 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P74:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.14 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P75:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.15 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P76:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.16 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P77:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.17 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P78:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.18 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P79:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.19 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P80:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.20 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P81:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.21 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P82:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.22 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| |**P83:**|**TRUE COPY OF THE APPLICATION FILED BY THE**| ||**PETITIONER NO.23 TO THE 1ST RESPONDENT DATED**| ||**24.09.2016.**| ## **WP(C).No. 33543 of 2016 (P)** **P84: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.24 TO THE 1ST RESPONDENT DATED 24.09.2016. P85: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.25 TO THE 1ST RESPONDENT DATED 24.09.2016. P86: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.26 TO THE 1ST RESPONDENT DATED 24.09.2016. P87: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.27 TO THE 1ST RESPONDENT DATED 24.09.2016. P88: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.28 TO THE 1ST RESPONDENT DATED 24.09.2016. P89: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.29 TO THE 1ST RESPONDENT DATED 24.09.2016. P90: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO.30 TO THE 1ST RESPONDENT DATED 24.09.2016. P91: TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011. P92: TRUE COPY OF THE JUDGMENT IN WPC NO. 20209/2015 OF THIS HON'BLE COURT. P93: TRUE COPY OF THE JUDGMENT IN WPC 15267/16 OF THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS : NIL.** **//TRUE COPY//** **P.A. TO JUDGE** **bp** ## **P.B.SURESH KUMAR, J.** ## **= = = = = = = = = = = = = =** ## **WP(C).No.33543 of 2016-P.** **= = = = = = = = = = = = = =** Dated this the 20[th] day of October, 2016. ## **J U D G M E N T** 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 requests 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 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 **WP(C).No.33543/2016-P.** 2 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, 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.** _**Kvs/-**_ _**// true copy //**_