E.Shersad Ali vs The State Of Kerala
2021 Latest Caselaw 13099 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                          WP(C) NO. 7450 OF 2021
PETITIONER:

     1        E.SHERSAD ALI
              AGED 46 YEARS
              S/O.LATE ABDUL LATHIFF, RESIDING AT 'AMNAS', MUTHACHKULAM
              VAYAL, SAGARA SARANI, NORTH BEYPORE (POST), KOZHIKODE
              DISTRICT PIN 673 015

              BY ADV JESWIN P.VARGHESE



RESPONDENTS:

     1        THE STATE OF KERALA
              REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR
              TRANSPORT, SECRETARIAT, TRIVANDRUM PIN 695 001

     2        THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE)
              OFFICE OF DTO, CIVIL STATION, KOZHIKODE PIN 673 020

     3        THE REGIONAL TRANSPORT AUTHORITY
              CIVIL STATION, KOZHIKODE PIN 673 020
              REPRESENTED BY ITS SECRETARY.

     4        THE DISTRICT COLLECTOR
              CIVIL STATION, KOZHIKODE PIN 673 020

     5        THE REGIONAL TRANSPORT OFFICER
              CIVIL STATION, KOZHIKODE PIN 673 020

     6        THE ASSISTANT COMMISSIONER OF POLICE
              (CITY TRAFFIC), SUB DIVISION (SOUTH), MANANCHIRA,
              KOZHIKODE -1.

     7        THE STATION HOUSE OFFICER (SHO)
              CITY TRAFFIC POLICE STATION, MANANCHIRA, KOZHIKODE -1

     8        KOZHIKODE MUNICIPAL CORPORATION
 WP(C) NO. 7450 OF 2021
                                  2

           CORPORATION MAIN OFFICE, BEACH (P.O.), KOZHIKODE -32,
           REP.BY ITS SECRETARY.

           BY ADV SRI.G.SANTHOSH KUMAR (P).



OTHER PRESENT:

           SR.GP BIMAL K NATH



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7450 OF 2021
                                   3

                              JUDGMENT

Dated this the 23rd day of June 2021

The petitioner has approached the fifth respondent

requesting to grant city night autorickshaw permit to him. The

grievance of the petitioner is that application was not accepted

stating that the registered owner alone can apply for a contract

carriage permit. It is seen that no written order has been

issued.

2. According to the petitioner, he has obtained the

vehicle under a valid agreement and hence, he is entitled to

apply for permit under Section 66(1) of Motor Vehicles Act. The

learned Senior Government Pleader on instructions submitted

that Ext.P3 application can be taken up and considered in the

next RTA meeting.

3. Having considered this, I am inclined to dispose of the

writ petition directing the third respondent to take up Ext.P3

application in the next RTA meeting itself which shall be

convened within an outer time limit of two months from the WP(C) NO. 7450 OF 2021

date of receipt of a copy of this judgment. The fifth respondent

shall place the above before the third respondent.

The writ petition is accordingly disposed of.

Sd/-

SUNIL THOMAS, JUDGE SKP/23-6 WP(C) NO. 7450 OF 2021

APPENDIX OF WP(C) 7450/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF JUDGMENT IN W.P.(C) NO.13188/2009 DATED 13.10.2009

EXHIBIT P2 A TRUE COPY OF THE PURCHASE AGREEMENT EXECUTED BETWEEN WRIT PETITIONER AND ONE RIYAS PULIKKAL DATED 10.3.2021

EXHIBIT P3 A TRUE COPY OF REPRESENTATION SUBMITTED TO 5TH RESPONDENT DATED 12.3.2021

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE WRIT PETITIONER IN FORM P.CO.S.A BEFORE THE 5TH RESPONDENT DATED 12.3.2021

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE