W.P.(C) No. 33622 of 2016-C

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.B.SURESH KUMAR, J.
Judgment Date: 2016-10-20
Court Decision / Holding: The writ petition is disposed by directing the second respondent to consider Exts.P45 to P66 in light of the decision in Rajesh v. Secretary, R.T.A. (supra), within two weeks from today.
Final Disposition: Writ petition disposed with directions to the second respondent to dispose of Exts.P45 to P66 in light of Rajesh v. Secretary, R.T.A. (supra) within two weeks.

Parties to the Case

Appellants / Petitioners

SURESHAN.M
GANESH.K
VALLIYAMMAL
TOMY
SATHISH KUMAR K
SINDHU .T.V
SAMEER.K
SIDDIQUE
PREMNATH.P.P
HAMEED H.K
ABDUL RASAK.V.A
MOHAMMED NOUFAL
SUMITH.K
MANEESH MAZHUKADA
FALGUNAN.K
BABU.K
ABHIJITH
SABIRA .C
AJITH .M
HASHIM P
AYISHA.T
SANDEEP.P P

Respondents

STATE OF KERALA, represented by Secretary to Government, Motor Vehicles Department, Government Secretariat, Thiruvananthapuram 695001
THE REGIONAL TRANSPORT OFFICER, KANHANGAD, KASARAGOD DISTRICT, 671315

Legal Representation & Advocates

Counsels for Petitioners

• SRI.V.VENUGOPAL
• SRI.PRADEESH MATHEW

Counsels for Respondents

• SENIOR GOVERNMENT PLEADER SMT C.S.SREEJA

Case Synopsis & Summary

Petitioners are 22 autorickshaw operators in Kasaragod district who challenged the halting-place specified in their permits. They filed W.P.(C) No. 33622 of 2016 (C) seeking variation of the halting places mentioned in their permits for plying autorickshaws. They submitted Exts. P45 to P66, comprising applications for alteration of halting locations, arguing that changes are required to reflect current routes, demand, and operational convenience. The petition asserts that a prior decision of this Court in Rajesh v. Secretary, R.T.A. (2014 (3) KLT 341) addressed a similar grievance and that a direction should be issued to dispose of the applications in light of that ruling. The State and the Regional Transport Officer were represented by the Government Pleader. After hearing, the court observed the factual and legal similarity to Rajesh and disposed of the writ petition by directing the second respondent to consider Exts. P45 to P66 in light of the Rajesh decision, within two weeks from the date of the order. The judgment emphasizes adherence to established precedent and swift administrative action in permit-variation matters, balancing the interests of operators and regulatory authorities. No merits-based adjudication on the applications is undertaken in this order; instead, it directs the competent authority to dispose of the pending applications in accordance with Rajesh, ensuring prompt handling of permit-variation requests consistent with precedent.

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners submitted Exts.P45 to P66 seeking variation of halting places in their permits and urged disposal consistent with the court’s precedent in Rajesh v. Secretary, R.T.A. (2014 (3) KLT 341). They contend that timely consideration of these applications is necessary for operational viability of autorickshaws in Kasaragod.

Contentions of Respondents

Not explicitly detailed in the judgment; the Respondents were represented by the Senior Government Pleader.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Rajesh v. Secretary, R.T.A.	2014 (3) KLT 341	Positive	The court relies on Rajesh as precedent addressing a similar grievance and directs disposal of the applications in light of that decision.

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. 33622 of 2016 (C)** **----------------------------** ## **PETITIONER(S):** ## **-------------** ## **1. SURESHAN.M,** **AGED 43 YEARS, S/O.K.KUNHAMBU ACHARI, MALAYAKOTH HOUSE, CHEMMATTAMVAYAL, BALLA PO, HOSDURG TALUK.** ## **2. GANESH.K,** - **AGED 40 YEARS, S/O.GANGADHARA K.J, BEHIND CATHOLIC CHURCH, KANHANGAD PO, HOSDURG TALUK.** ## **3. VALLIYAMMAL,** - **AGED 55 YEARS, W/O.NARAYANAN.K.T., KIZHAKKECHITTETHI, UDAYAMKUNNU, BALLA PO, HOSDURG TALUK.** **4. TOMY, AGED 53 YEARS, S/O.VARKEY JOSEPH, MYLADUMPARACKAL HOUSE, KUSHAL NAGAR, KANHANGAD PO, HOSDURG TALUK.** ## **5. SATHISH KUMAR K,** - **AGED 42 YEARS, S/O.BALAKRISHNAN, KALYAN ROAD HOUSE, BALLA PO, HOSDURG TALUK.** ## **6. SINDHU .T.V,** - **AGED 35 YEARS, W/O.ANILKUMAR, KURUNTHUR PO, PADANNAKKAD, HOSDURG TALUK.** ## **7. SAMEER.K,** - **AGED 33 YEARS, S/O.MUHAMMED.K, PAZHAYA KADAPPURAM, HOSDURG TALUK.** **8. SIDDIQUE, AGED 32 YEARS, S/O.USMAN P.K., PAZHAYA KADAPPURAM, KANHANGAD SOUTH PO, HOSDURG TALUK.** **9. PREMNATH.P.P, AGED 37 YEARS, S/O.RAGHUNATH P.P, PREM NIVAS, PAIRADUKKAM, BALLLA PO, HOSDURG TALUK.** **-2-** **-2WPC NO 33622 OF 2016: --------------------** ## **10. HAMEED H.K** **AGED 33 YEARS, S/O.EBRAHIM C H, HOSDURG KADAPPURAM, KANHANGAD PO, HOSDURG TALUK.** **11. ABDUL RASAK.V.A, AGED 40 YEARS, S/O.ABDUL RASHEED V.A., VILAYIL VEEDU, PERIYOTTU, UPPILIKKAL, HOSDURG TALUK.** **12. MOHAMMED NOUFAL, AGED 38 YEARS, S/O.KADAR L.K., NOUSHEEBA MANZIL, NHANIKKADAVU, OZHINJAVALAPPU PO, HOSDURG TALUK.** ## **13. SUMITH.K,** **AGED 34 YEARS, S/O.M.SUKUMARAN, AVIKKARTA HOUSE, NEAR RAILWAY STATION, HOSDURG TALUK.** ## **14. MANEESH MAZHUKADA,** **AGED 35 YEARS, S/O.MANIYARA NARAYANAN NAIR, MINI NIVAS, AMBALATHUKARA, P.O.ACHIKKANAM, HOSDURG TALUK.** ## **15. FALGUNAN.K,** **AGED 50 YEARS, S/O.KRISHNAN, HOUSE NO. 20/394, KANHANGAD SOUTH, HOSDURG TALUK.** ## **16. BABU.K,** **AGED 38 YEARS, S/O.SARADA, SREE NILAYAM, CHEMMATTAMVAYAL, BALLA PO, HOSDURG TALUK.** ## **17. ABHIJITH,** **AGED 25 YEARS, S/O.VENUGOPAL, PARAKKADAN VEEDU, KUNNUMMAL, KOTTACHERY, HOSDURG TALUK.** ## **18. SABIRA .C,** **AGED 34 YEARS, W/O.NOUSHAD, AKKARAMMAL HOUSE, KUSHAL NAGAR, P.O.KANHANGAD, HOSDURG TALUK.** ## **19. AJITH .M,** **AGED 22 YEARS, S/O.AMBU M, MATTAMMAL HOUSE, KANHANGAD SOUTH PO, HOSDURG TALUK.** ## **20. HASHIM P,** **AGED 32 YEARS, S/O.KUNHABDULLA, HASEENA MANZIL, OZHINJAVALAPPU, HOSDURG TALUK.** **21. AYISHA.T, AGED 31 YEARS, W/O.MUHAMMED KUNHI, KADAPPURAM SOUTH HOUSE, KUSHAL NAGAR, KANHANGAD PO, HOSDURG TALUK.** **-3-** **-3-** **WPC NO 33622 OF 2016:** **--------------------** ## **22. SANDEEP.P P** **AGED 30 YEARS, S/O.KANNAN.T., OZHINHA VALAPPU, OZHUNHA VALAPPU PO, HOSDURG TALUK.** **BY ADVS.SRI.V.VENUGOPAL SRI.PRADEESH MATHEW** **RESPONDENT(S):** **--------------** **1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.** **2. THE REGIONAL TRANSPORT OFFICER, KANHANGAD, KASARAGOD DISTRICT, 671315.** **BY SENIOR GOVERNMENT PLEADER SMT C.S.SREEJA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **K.V.** **WP(C).No. 33622 of 2016 (C)** ## **----------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **----------------------EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 8977.** **EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 736.** **EXHIBIT 3 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.14 H 1256.** **EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 A 607. EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 A 9357. EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 B 6857. EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 B 8795. EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 A 254. EXHIBIT P9 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.14 H 2470. EXHIBIT P10 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 H 2470. EXHIBIT P11 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 L 1454. EXHIBIT P12 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 A 4303. EXHIBIT P13 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 K 9008 . EXHIBIT P14 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 K 9638. EXHIBIT P15 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 B 4636. EXHIBIT P16 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 C 4034. EXHIBIT P17 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 F 6681. EXHIBIT P18 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 7177.** **-2-** **-2-** ## **WPC NO 33622 OF 2016:** ## **---------------------** **EXHIBIT P19 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 C 6531.** **EXHIBIT P20 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 D 471.** **EXHIBIT 21 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 F 5735.** **EXHIBIT P22 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL.60 B 3590.** **EXHIBIT P23 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 1ST PETITIONER.** **EXHIBIT P24 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 2ND PETITIONER.** **EXHIBIT P25 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 3RD PETITIONER.** **EXHIBIT P26 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 4TH PETITIONER.** **EXHIBIT P27 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 5TH PETITIONER. EXHIBIT P28 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 6TH PETITIONER. EXHIBIT P29 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 7TH PETITIONER. EXHIBIT P30 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 8TH PETITIONER. EXHIBIT P31 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 9TH PETITIONER. EXHIBIT P32 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 10TH PETITIONER. EXHIBIT P33 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 11TH PETITIONER. EXHIBIT P34 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 12TH PETITIONER. EXHIBIT P35 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 13TH PETITIONER. EXHIBIT P36 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 14TH PETITIONER. EXHIBIT P37 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 15TH PETITIONER.** **-3-3-** ## **WPC NO 33622 OF 2016:** ## **--------------------** **EXHIBIT P38 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 16TH PETITIONER. EXHIBIT P39 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 17TH PETITIONER. EXHIBIT P40 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 18TH PETITIONER. EXHIBIT P41 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 19TH PETITIONER. EXHIBIT P42 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 20TH PETITIONER. EXHIBIT P43 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 21ST PETITIONER. EXHIBIT P44 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 22ND PETITIONER. EXHIBIT P45 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 1ST PETITIONER. EXHIBIT P46 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 2ND PETITIONER. EXHIBIT P47 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 3RD PETITIONER. EXHIBIT P48 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 4TH PETITIONER. EXHIBIT P49 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 5TH PETITIONER. EXHIBIT P50 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 6TH PETITIONER. EXHIBIT P51 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 7TH PETITIONER. EXHIBIT P52 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 8TH PETITIONER. EXHIBIT P53 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 9TH PETITIONER. EXHIBIT P54 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 10TH PETITIONER. EXHIBIT P55 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 11TH PETITIONER. -4-4-** **WPC NO 33622 OF 2016: --------------------** **EXHIBIT P56 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 12TH PETITIONER. EXHIBIT P57 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 13TH PETITIONER. EXHIBIT P58 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 14TH PETITIONER. EXHIBIT P59 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 15TH PETITIONER. EXHIBIT P60 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 16TH PETITIONER. EXHIBIT P61 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 17TH PETITIONER. EXHIBIT P62 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 18TH PETITIONER. EXHIBIT P63 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 19TH PETITIONER. EXHIBIT P64 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 20TH PETITIONER. EXHIBIT P65 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 21TH PETITIONER. EXHIBIT P66 A TRUE COPY OF THE APPLICATION DATED 09.09.2016 SUBMITTED BY THE 22ND PETITIONER. RESPONDENT(S)' EXHIBITS NIL -----------------------** **/TRUE COPY/** **P.A.TO JUDGE** **K.V.** ## **P.B.SURESH KUMAR, J.** ## **= = = = = = = = = = = = =** ## **W.P.(C) No.33622 of 2016-C.** ## **= = = = = = = = = = = = =** Dated this the 20[th] day of October, 2016 ## **JUDGMENT** The petitioners are plying autorikshaws in Kasaragod district. They submitted Exts.P45 to P66 applications before the second respondent for variation of the halting place mentioned in the permit issued to them for plying the autorikshaws. They seek directions to the second respondent to dispose of Exts.P45 to P66 applications, 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 the grievance identical to the grievance of the petitioners herein. In the circumstances, I deem it appropriate to dispose of the writ petition directing the second respondent to consider Exts.P45 to ## **W.P.(C) No.33622/2016-C.** **==> picture [7 x 9] intentionally omitted <==** P66 applications, in the light of the decision in **R** _**ajesh** v._ _**Secretary, R.T.A.**_ ( _supra_ ). This shall be done within two weeks from today. Ordered accordingly. Sd/- **P.B.SURESH KUMAR, JUDGE.** Kvs/- // true copy //