High Court of KeralaSingle Judge2016-10-27Writ petition disposed of with directions to ac...

Sudha A.A. and others v. Regional Transport Authority, Thrissur and others

Case / Petition Number:WP(C).No. 34460 of 2016 (F)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.B. SURESH KUMAR, J.
Judgment Date: 2016-10-27
Court Decision / Holding: Writ petition disposed of; petitioners are permitted to submit applications for variation of objectionable conditions in the permits before the first respondent. It is directed that if such applications are preferred, the first respondent shall accept and consider them, in light of the decision in Rajesh v. Secretary, R.T.A. (supra), within one week thereafter.
Final Disposition: Writ petition disposed of with directions to accept and consider variation applications for permit conditions within one week, applying the Rajesh precedent as guiding principle.

Parties to the Case

Appellants / Petitioners

SUDHA A.A.
DINEESH
OMESH T.G.
PRINCY JOSE
NISHAD C.S.
VIPINDAS P.D.
SARATH
BIVIN BALU
JESTES K.J.
M.R.SHANOJ
V.A.SUNNY
AISWARYA RAVI
SANJAY P.V.
SELVAN
SOMASUNDARAN
SUCHITHRA
RAJESH
JOBY
RAHIM
RENJITH P.B.
PRIYAN
PETER
SUMESH KUMAR
SHINY
JOJU
SUMESH V.S.
ANTONY
POLY
CHANDRAN K.R.
VINUMON BABU

Respondents

REGIONAL TRANSPORT AUTHORITY, THRISSUR
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR
THE REGIONAL TRANSPORT OFFICER, THRISSUR
THE THRISSUR CORPORATION, THRISSUR
THE SECRETARY, THRISSUR CORPORATION

Legal Representation & Advocates

Counsels for Petitioners

• K. PRAVEEN KUMAR

Counsels for Respondents

• SMT. C.S. SHEEJA
• SRI. SANTHOSH P.PODUVAL

Case Synopsis & Summary

The petitioners are a group of auto-rickshaw operators in Thrissur District challenging certain conditions imposed in their vehicle permits, specifically relating to parking and the manner of picking up passengers. They allege that the objectionable conditions hinder their livelihood and have approached the first respondent for variations to these conditions, which they claim has not been forthcoming. The petition relies on a prior Kerala High Court decision, Rajesh v. Secretary, R.T.A. (2014 (3) KLT 341), arguing that similar grievances in the permit framework have been addressed by permitting variation of permit conditions. The court heard submissions from the petitioners’ counsel and the Government Pleader. The learned judge recognizes the parallel with Rajesh and, citing the same, disposes of the writ petition by directing the first respondent to accept and consider variation applications filed by the petitioners. The directive requires that such applications be reviewed in light of the Rajesh decision, and to do so within a week of their submission. The judgment thus balances regulatory concerns with the need for flexibility in permit conditions, providing relief to operators while preserving administrative processes. It underscores the court’s reliance on precedent to facilitate timely redress in permit-related disputes affecting livelihood and traffic management.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the permit conditions governing parking and passenger pickup are onerous and impede the efficient operation of auto-rickshaws. They have sought variation of the objectionable conditions and rely on a binding precedent (Rajesh v. Secretary, R.T.A.) to justify variations. The petition asserts that variation applications should be accepted and properly considered by the first respondent, and requests a swift, court-endorsed mechanism to remedy the perceived restrictions on their livelihood while maintaining regulatory aims.

Contentions of Respondents

The respondents urged adherence to the existing permit framework and the due process for evaluating any variation requests. They emphasized that permit conditions are to be observed and any modification should follow established statutory and administrative procedures. Counsel for the respondents also invoked the need to ensure regulatory compliance and traffic management while processing variation applications in a timely manner.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Rajesh v. Secretary, R.T.A.	2014 (3) KLT 341	Positive	Court relies on this decision as the controlling precedent for permitting variation of permit conditions in similar grievances.
State Transport Appellate Tribunal, Ernakulam, MVAA 417/2011	MVAA 417/2011	Mentioned Only	Exhibit P91; cited as a related decision but not discussed in detail in the judgment.
Judgment in WP(C).NO.20209/2015	WP(C).NO.20209/2015	Mentioned Only	Exhibit P92; cited as a prior decision but not analyzed in the judgment.
Judgment in WP(C).NO.15267/2016	WP(C).NO.15267/2016	Mentioned Only	Exhibit P93; cited as a prior decision but not discussed in the judgment.

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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 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938** **WP(C).No. 34460 of 2016 (F)** **----------------------------** **PETITIONER(S):** - **------------------------** **1. SUDHA A.A.,** - **CHITTETHU HOUSE, KANATTUKARA P.O, TRICHUR.** **2. DINEESH,** - **PUTHUSSERY HOUSE, CHEROOR P.O, TRICHUR.** **3. OMESH T.G.,** - **THEKKEKARA HOUSE, CHERUR P.O, TRICHUR.** **4. PRINCY JOSE,** - **NELLIMATTATHIL HOUSE, POOTHOLE P.O, TRICHUR.** **5. NISHAD C.S.,** - **CHITTETHU HOUSE, KANATTUKARA P.O, TRICHUR.** **6. VIPINDAS P.D.,** - **PALLIMAKKAL HOUSE, KANATTUKARA, TRICHUR.** **7. SARATH,** - **EDAKKUNNIL HOUSE, PATTURAICKAL, TRICHUR.** **8. BIVIN BALU,** - **PANAPPARAMBIL HOUSE, AYYANTHOLE P.O, TRICHUR.** **9. JESTES K.J.,** - **KANJIRATHINKAL HOUSE, THACHAMPALLY P.O, TRICHUR.** **10. M.R.SHANOJ,** - **MADAMBIKATTIL HOUSE, POOTHOLE P.O, TRICHUR.** **11. V.A.SUNNY, VADAKKAN MADHUKKARA HOUSE, MANAKODY P.O, TRICHUR.** **12. AISWARYA RAVI,** - **POOLAKKAPARAMBIL HOUSE, LALOOR P.O, TRICHUR.** ## **WP(C).No. 34460 of 2016 (F)** **13. SANJAY P.V., PATTATHPARAMBIL HOUSE, ELTHURUTH P.O, TRICHUR.** **14. SELVAN,** - **THOPPUPARAMBIL HOUSE, KUNNATH P.O, TRICHUR.** **15. SOMASUNDARAN,** - **162, KAYAMPARAMBIL HOUSE, MADAKATHARA P.O, TRICHUR.** **16. SUCHITHRA,** - **KAYAMPARAMBIL HOUSE, MADAKKATHARA P.O, TRICHUR.** **17. RAJESH,** - **KUNDOLY HOUSE, KUTTOOR P.O, TRICHUR.** **18. JOBY, CHITTILAPPALLY HOUSE, CANAL ROAD, PULLOAZHY P.O, TRICHUR.** **19. RAHIM, EDAVAZHIPURATH HOUSE, ARANATTUKARA P.O, TRICHUR.** **20. RENJITH P.B., PUTHUKULANGARA, KUTTUR P.O, TRICHUR.** **21. PRIYAN,** - **PADINJAROTTU HOUSE, OLLUKKARA P.O, TRICHUR.** **22. PETER,** - **PLAKKATTIL HOUSE, AYYANTHOLE P.O, TRICHUR.** **23. SUMESH KUMAR,** - **MATTALAKKAL HOUSE, ELTHURUTHU P.O., TRICHUR.** **24. SHINY, PALLIPARAMBIL HOUSE, EAST FORT P.O, TRICHUR.** **25. JOJU, ARANGASSERY HOUSE, KOORKENCHERRY, TRICHUR.** **26. SUMESH V.S.,** - **VADAKKOOT HOUSE, VELUTHUR P.O, TRICHUR.** **27. ANTONY, VAZHAPPILLY HOUSE, POOTHOLE P.O, TRICHUR.** ## **WP(C).No. 34460 of 2016 (F)** **28. POLY, KOOLA HOUSE, EAST FORT P.O., TRICHUR.** **29. CHANDRAN K.R., KOCHERI HOUSE, AYYAPPANKAVU P.O, MULAYAM, TRICHUR.** **30. VINUMON BABU. T., THANIPARAMBIL HOUSE, CHIYYARAM P.O, TRICHUR.** ## **BY ADV. SRI.K.PRAVEEN KUMAR.** ## **RESPONDENT(S):** - **------------------------** **1. REGIONAL TRANSPORT AUTHORITY, THRISSUR- 680 609, REPRESENTED BY ITS SECRETARY.** **2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR- 680 609.** **3. THE REGIONAL TRANSPORT OFFICER, THRISSUR- 670 609.** **4. THE THRISSUR CORPORATION, THRISSUR, REPRESENTED BY ITS SECRETARY, PIN-680 620.** **5. THE SECRETARY, THRISSUR CORPORATION, M.O ROAD, THRISSUR- 680 620.** - **R1 TO R3 BY SR. GOVT. PLEADER SMT.C.S. SHEEJA. R4 & R5 BY ADV. SRI. SANTHOSH P.PODUVAL, SC.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** rs. ## **WP(C).No. 34460 of 2016 (F)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** - **EXHIBIT P1. COPY OF THE AADHAR CARD OF THE IST PETITIONER. EXHIBIT P2. COPY OF THE AADHAR CARD OF THE 2ND PETITIONER. EXHIBIT P3. COPY OF THE AADHAR CARD OF THE 3RD PETITIONER. EXHIBIT P4. COPY OF THE AADHAR CARD OF THE 4TH PETITIONER. EXHIBIT P5. COPY OF THE DRIVING LICENCE OF THE 5TH PETITIONER. EXHIBIT P6. COPY OF THE DRIVING LICENCE OF THE 6TH PETITIONER. EXHIBIT P7. COPY OF THE DRIVING LICENCE OF THE 7TH PETITIONER. EXHIBIT P8. COPY OF THE DRIVING LICENCE THE 8TH PETITIONER. EXHIBIT P9. COPY OF THE DRIVING LICENCE OF THE 9TH PETITIONER. EXHIBIT P10. COPY OF THE DRIVING LICENCE OF THE 10TH PETITIONER. EXHIBIT P11. COPY OF THE DRIVING LICENCE OF THE 11TH PETITIONER.** - **EXHIBIT P12. COPY OF THE ELECTION IDENTITY CARD OF THE 12TH PETITIONER.** - **EXHIBIT P13. COPY OF THE ELECTION IDENTITY CARD OF THE 13TH PETITIONER.** - **EXHIBIT P14. COPY OF THE ELECTION IDENTITY CARD OF THE 14TH PETITIONER.** - **EXHIBIT P15. COPY OF THE ELECTION IDENTITY CARD OF THE 15TH PETITIONER.** - **EXHIBIT P16. COPY OF THE ELECTION IDENTITY CARD OF THE 16TH PETITIONER.** - **EXHIBIT P17. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.17.** - **EXHIBIT P17[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.17.** **....2/-** ## **WP(C).No. 34460 of 2016 (F)** ## **EXHIBIT P18. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 18TH PETITIONER.** - **EXHIBIT P18[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 18TH PETITIONER.** - **EXHIBIT P19. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 19TH PETITIONER.** - **EXHIBIT P19[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 19TH PETITIONER.** - **EXHIBIT P20. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 20TH PETITIONER.** - **EXHIBIT P20[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 20TH PETITIONER.** - **EXHIBIT P21. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 21ST PETITIONER.** - **EXHIBIT P21[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 21ST PETITIONER.** - **EXHIBIT P22. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 22ND PETITIONER.** - **EXHIBIT P22[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 22ND PETITIONER.** - **EXHIBIT P23. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER.** - **EXHIBIT P23[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER.** - **EXHIBIT P24. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 24TH PETITIONER.** - **EXHIBIT P24[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 24TH PETITIONER.** - **EXHIBIT P25. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 25TH PETITIONER.** - **EXHIBIT P25[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 25TH PETITIONER.** **....3/-** ## **WP(C).No. 34460 of 2016 (F)** - **EXHIBIT P26. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 26TH PETITIONER.** - **EXHIBIT P26[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 26TH PETITIONER.** - **EXHIBIT P27. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 27TH PETITIONER.** - **EXHIBIT P27[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 27TH PETITIONER.** - **EXHIBIT P28. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 28TH PETITIONER.** - **EXHIBTI P28[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 28TH PETITIONER.** - **EXHIBIT P29. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 29TH PETITIONER.** - **EXHIBIT P29[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 29TH PETITIONER.** - **EXHIBIT P30. COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 30TH PETITIONER.** - **EXHIBIT P30[A].COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 30TH PETITIONER.** - **EXHIBIT P31. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.1 BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P32. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.2.** - **EXHIBIT P33. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.3.** - **EXHIBIT P34. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.4.** - **EXHIBIT P35. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.5.** **....4/-** ## **WP(C).No. 34460 of 2016 (F)** - **EXHIBIT P36. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.6.** - **EXHIBIT P37. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.7.** - **EXHIBIT P38. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.8.** - **EXHIBIT P39. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.9.** - **EXHIBIT P40. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.10.** - **EXHIBIT P41. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.11.** - **EXHIBIT P42. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.12.** - **EXHIBIT P43. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.13.** - **EXHIBIT P44. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.14.** - **EXHIBIT P45. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.15.** - **EXHIBIT P46. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.16.** - **EXHIBIT P47. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.17.** - **EXHIBIT P48. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.18.** - **EXHIBIT P49. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.19.** - **EXHIBIT P50. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.20.** **....5/-** ## **WP(C).No. 34460 of 2016 (F)** - **EXHIBIT P51. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.21.** - **EXHIBIT P52. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.22.** - **EXHIBIT P53. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.23.** - **EXHIBIT P54. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.24.** - **EXHIBIT P55. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.25.** - **EXHIBIT P56. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.26.** - **EXHIBIT P57. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.27.** - **EXHIBIT P58. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.28.** - **EXHIBIT P59. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.29.** - **EXHIBIT P60. COPY OF THE APPLICATION FOR VARIATION OF PERMITS TO BE SUBMITTED BY THE PETITIONER NO.30.** - **EXHIBIT P61. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.1 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P62. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.2 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P63. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.3 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P64. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.4 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P65. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.5 TO THE IST RESPONDENT DATED 24.09.2016.** **...6/-** ## **WP(C).No. 34460 of 2016 (F)** - **EXHIBIT P66. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.6 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P67. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.7 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P68. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.8 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P69. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.9 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P70. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.10 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P71. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.11 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P72. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.12 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P73. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.13 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P74. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.14 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P75. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.15 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P76. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.16 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P77. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.17 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P78. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.18 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P79. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.19 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P80. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.20 TO THE IST RESPONDENT DATED 24.09.2016.** **....7/-** ## **WP(C).No. 34460 of 2016 (F)** - **EXHIBIT P81. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.21 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P82. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.22 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P83. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.23 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P84. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.24 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P85. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.25 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P86. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.26 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P87. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.27 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P88. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.28 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P89. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.29 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P90. COPY OF THE APPLICATION FILED BY THE PETITIONER NO.30 TO THE IST RESPONDENT DATED 24.09.2016.** - **EXHIBIT P91. COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011.** - **EXHIBIT P92. COPY OF THE JUDGMENT IN WP(C).NO.20209/2015 OF THIS HONOURABLE COURT.** - **EXHIBIT P93. COPY OF THE JUDGMENT IN WP(C).NO.15267/2016 OF THIS HONOURABLE COURT.** ## **RESPONDENT'S EXHIBITS:NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** rs. ## **P.B.SURESH KUMAR, J.** ## **= = = = = = = = = = = = = = WP(C).No.34460 of 2016-F.** ## **= = = = = = = = = = = = = =** Dated this the 27[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 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 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 **WP(C).No.34460/2016-F.** 2 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 //**_