W.P.(C).No. 5423 of 2017 (C)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **FRIDAY, THE 17TH DAY OF FEBRUARY 2017/28TH MAGHA, 1938** **WP(C).No. 5423 of 2017 (C) ---------------------------** **PETITIONER(S): -------------** **1. LIJO, MALIYEKKARAN HOUSE, R.V.PURAM P.O., THRISSUR.** **2. ROY, CHERUPANAKKAL HOUSE, KURIACHIRA P.O., THRISSUR. 3. DENNY, MANIPARAMBILK HOUSE, ANCHERY P.O., THRISSUR.** **4. SHAJI, KARUKAPARAMBIL HOUSE, KURIACHIRA P.O., THRISSUR.** **5. JAISON, VALLUPARAMBIL HOUSE, KURIACHIRA P.O., THRISSUR.** **6. TINU, KOMBIL HOUSE, KUNDUVARA P.O., TRICHUR. 7. NITHYANADAN A.R., AMBLATH HOUSE, VELLANIKKARA P.O., TRICHUR. 8. SINI, MUTTATH HOUSE, ATHANI P.O., TRICHUR. 9. SHAJU N.S., NEDUMBAKKARAN HOUSE, CHIYYARAM P.O., TRICHUR.** **msv/** **-2-** **-2-** ## **WP(C).No. 5423 of 2017 (C)** ## **---------------------------** **10. SABU GEORGE, THERATTIL HOUSE, ANCHERY P.O., TRICHUR. 11. RAJAN, NADUVILPURAKKAL HOUSE, VADOOKKARA P.O., TRICHUR. 12. KANNAN, KOZHIPARAMBIL HOUSE, CHEMBUKKAVU, TRICHUR. 13. JAISON, CHITTILAPILLY HOUSE, PULLAZHI P.O., TRICHUR. 14. ANIL KUMAR K.A., KAREKKATTIL HOUSE, PULLAZHI P.O., TRICHUR. 15. JOBY, PULIKKAL HOUSE, POOTHOLE,TRICHUR. 16. AMALDEV ASOKAN, EDAKUNNU HOUSE, TYHAIKKATTUSSERY, TRICHUR. 17. RAMESH K., NOORAM HOUSE, AISWARYA NAGAR, PUTHURKKARA, TRICHUR. 18. SATHYAN, 15/330, KARUMATHIL HOUSE, METHULLIPADAM, PUTHUR P.O., TRICHUR. 19. ARUMUKHAN P.P., PULIKKATHARA HOUSE, ADIYARA,TRICHUR. 20. RADHAMANI, 41 S A PULIKKATHARA HOUSE, 10, VILVATTOM GRAMA PANCHAYATH, TRICHUR. 21. SUMIJA, PARAMBIL HOUSE, OLARIKKARA, PULLAZHI, MANAKKODY, TRICHUR. Msv/** **-3-** **-3-** ## **WP(C).No. 5423 of 2017 (C)** ## **---------------------------** **22. SADANANDHAN M.S., MENEMANGALATH WRIUM PATTURAIKKAL, TRICHUR. 23. SURESH KUMAR A.K., AMBAKKATTU HOUSE, AYYANTHOLE P.O., TRICHUR. 24. BINEESHA K.U., PARAVILA PUTHENVEEDU, KUTTUMUKKU, TRICHUR. 25. P.R. SUNIL KUMAR PLAVALAPPIL HOUSE, AYYANTHOLE P.O., TRICHUR. 26. SUNIL U.M., VALERIPARAMBIL HOUSE, POOTHOLE P.O., TRICHUR. 27. VINOD, KUTTANKULANGARA HOUSE, PANCHIKKAL, TRICHUR. 28. MAHIMA P.A., KUTTANKULANGARA HOUSE, PANACHIKKAL, AYYANTHOLE, TRICHUR. 29. ANTONY V.T., VALAPPATTUKARAN HOUSE, CHEERACHI P.O., OLLUR, TRICHUR. 30. GIREESH T.M., THAZHATHU HOUSE, POOTHOLE P.O., TRICHUR. 31. CHANDRAN P.B., POOMUTTATH HOUSE, AYYANTHOLE P.O., TRICHUR. 32. BALAN T.A., THANIPARAMBIL HOUSE, ANCHERY P.O., TRICHUR. 33. SOORAJ KUMAR V.S., VENNANKOT HOUSE, PUTHURKKARA P.O., TRICHUR. Msv/** **-4-** **-4-** ## **WP(C).No. 5423 of 2017 (C) ---------------------------** **34. DINESH CHANDRAN, THARAYIL HOUSE, VARMA COLLEGE ROAD, KANATTUKARA, 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-680 020.** **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 17-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **msv/** ## **WP(C).No. 5423 of 2017 (C) ---------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** **EXHIBIT P1 TRUE COPY OF THE DRIVING LICENCE OF THE 1ST PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P2(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P3(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO 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 REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXHIBIT P5(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.** **EXHIBIT P6 TRUE COPY OF THE DRIVING LICENCE OF THE 6TH PETITIONER. EXHIBIT P7 TRUE COPY OF THE DRIVING LICENCE OF THE 7TH PETITIONER.** **EXHIBIT P8 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 8TH PETITIONER.** **EXHIBIT P9 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXHIBIT P9(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXHIBIT P10 TRUE COPY OF THE DRIVING LICENCE OF THE 10TH PETITIONER.** **msv/** **-2-** **-2-** ## **WP(C).No. 5423 of 2017 (C)** ## **---------------------------** **EXHIBIT P11 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 11TH PETITIONER.** **EXHIBIT 11(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 11TH PETITIONER.** **EXHIBIT P12 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 12TH PETITIONER. EXHIBIT P12(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 12TH PETITIONER.** **EXHIBIT P13 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 13TH PETITIONER.** **EXHIBIT P13(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 13TH PETITIONER.** **EXHIBIT P14 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 14TH PETITIONER.** **EXHIBIT P14(A) TRUE COPY OF THE REGISTRATION CERTIFICATE AND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 14TH PETITIONER.** **EXHIBIT P15 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 15TH PETITIONER.** **EXHIBIT P15(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 13TH PETITIONER.** **EXHIBIT P16 TRUE COPY OF THE DRIVING LICENCE OF THE 16TH PETITIONER.** **EXHIBIT P17 TRUE COPY OF THE DRIVING LICENCE OF THE 17TH PETITIONER.** **EXHIBIT P18 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 18TH PETITIONER.** **EXHIBIT P19 TRUE COPY OF THE AADHAR CARD OF THE 19TH PETITIONER.** **EXHIBIT P20 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 20TH PETITIONER.** **EXHIBIT P21 TRUE COPY OF THE AADHAR CARD OF THE 21ST PETITIONER.** **EXHIBIT P22 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 22ND PETITIONER. Msv/** **-3-** **-3-** **WP(C).No. 5423 of 2017 (C) ---------------------------** **EXHIBIT P22(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 22ND PETITIONER.** **EXHIBIT P23 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER. EXHIBIT P23(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 23RD PETITIONER.** **EXHIBIT P24 TRUE COPY OF THE AADHAR CARD OF THE 24TH PETITIONER. EXHIBIT P25 TRUE COPY OF THE DRIVING LICENCE OF THE 25TH PETITIONER. EXHIBIT P26 TRUE COPY OF THE DRIVING LICENCE OF THE 26TH PETITIONER EXHIBIT P27 TRUE COPY OF THE AADHAR CARD OF THE 27TH PETITIONER. EXHIBIT P28 TRUE COPY OF THE AADHAR CARD OF THE 28TH PETITIONER. EXHIBIT P29 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 29TH PETITIONER. EXHIBIT P29(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 29TH PETITIONER. EXHIBIT P30 TRUE COPY OF THE DRIVING LICENCE OF THE 30TH PETITIONER.** **EXHIBIT P31 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 31ST PETITIONER. EXHIBIT P32 TRUE COPY OF THE DRIVING LICENCE OF THE 30TH PETITIONER.** **EXHIBIT P33 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 33RD PETITIONER. EXHIBIT P33(A) TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT TO THE 33RD PETITIONER.** **EXHIBIT P34 TRUE COPY OF THE AADHAR CARD OF THE 34TH PETITIONER.** **EXHIBIT P35 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 1 TO THE 1ST RESPONDENT DATED 24.9.2016.** **EXHIBIT P36 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 2 TO THE 1ST RESPONDENT DATED 24.9.2016. msv/** **-4-** **-4-** ## **WP(C).No. 5423 of 2017 (C)** ## **---------------------------** **EXHIBIT P37 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 3 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P38 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 4 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P39 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 5 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P40 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 6 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P41 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 7 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P42 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 8 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P43 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 9 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P44 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 10 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P45 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 11 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P46 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 12 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P47 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 13 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P48 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 14 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P49 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 15 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P50 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 16 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P51 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 17 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P52 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 18 TO THE 1ST RESPONDENT DATED 24.9.2016. msv/** **-5-** **-5-** ## **WP(C).No. 5423 of 2017 (C)** ## **--------------------------** **EXHIBIT P53 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 19 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P54 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 20 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P55 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 21 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P56 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 22 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P57 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 23 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P58 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 24 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P59 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 25 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P60 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 26 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P61 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 27 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P62 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 28 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P63 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 29 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P64 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 30 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P65 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 31 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P66 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 32 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P67 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 33 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P68 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER NO. 34 TO THE 1ST RESPONDENT DATED 24.9.2016. EXHIBIT P69 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011. msv/ -6-** **-6-** ## **WP(C).No. 5423 of 2017 (C)** ## **---------------------------** **EXHIBIT P70 TRUE COPY OF THE JUDGMENT IN WPC NO. 20209/15 OF THIS HON'BLE COURT.** **EXHIBIT P71 TRUE COPY OF THE JUDGMENT IN WPC 15267/16 OF THIS HON'BLE COURT.** **RESPONDENT(S)' EXHIBITS** **-----------------------** ## **NIL** **//TRUE COPY//** **P.S.TO JUDGE** **Msv/** ## **P.B.SURESH KUMAR, J.** ## **--------------------------------------------** **W.P.(C).No.5423 of 2017** **---------------------------------------------------------** ## **Dated this the 17[th] day of February, 2017** ## **J U D G M E N T** 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 the grievance 2 ## _**W.P.(C).No.5423 of 2017**_ 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** rsr