Moitheen Koya M.P vs The State Of Kerala
2021 Latest Caselaw 10351 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.7933 OF 2021(N)


PETITIONERS:

      1        MOITHEEN KOYA M.P, AGED 69 YEARS
               S/O. IMBICHAMU M.P., THESNI NIVAS,
               NHARAKKADANVAYAL, POKKUNNU P.O., MANKAVU,
               KOZHIKODE. (OWNER OF KL-11/BT 6545).

      2        SOMAN M.,
               24/1004G, NANDANAM, KALOOR ROAD, MANKAVU. (OWNER OF
               KL-11/BT 8849).

      3        M.P.SHAMSUDHEEN,
               MUGADAR, 15/301, PALLI PARAMBB NAGARAM, KALLAYI,
               KOZHIKODE (OWNER OF KL-11/BT 9562).

      4        SUNILKUMAR A.,
               ASAHARIKANDI HOUSE, ASHARIKANDI PARAMBU, NELLIKODE
               P.O., KUTHIRAVATTOM, KOZHIKODE (OWNER OF KL-11/BT
               8209).

      5        NASAR P.,
               KULIRMA HOUSE, KIZHAKKE PUNNAGADAT PARAMBU,
               PARVATHIPURAM ROAD, KALLAYI, KOZHIKODE (OWNER OF
               KL-11/BT 9411).

      6        KOYAMON,
               KALATIKKAL, AVIYIL, BG ROAD, NADAKAVU, KOZHIKODE
               (OWNER OF KL-11/BT 9948).

      7        K.AHAMED KOUSHIK,
               KOUSHIK NIVAS, CHUNGAM, FEROKE, FEROKE S.O.,
               KOZHIKODE (OWNER OF KL-85/2220).

      8        PRAMOD NALOMKANDY,
               KANNARI HOUSE, KUNDAYITHODE, CHERUVANNUR, KOZHIKODE
               (OWNER OF KL-85/3218).

      9        ANILKUMAR,
               18/1203, KARTHIKA, PALAPARAMBA, PERUMKUZHIPADAM,
               CHALAPURAM POST, KOZHIKODE (OWNER OF KL-11/BT
               9073).
       10       ABDUL SHUKOOR M.V.,
               9/230, THACHAMPALATH, MANAKADAVU, PANTHEERANKAVU,
               KOZHIKODE (OWNER OF KL-85/2248).

      11       T.S.KRISHNAN,
               19/1162, KALYANA SOUDHAM, OPPOSITE ESI DISPENSARY,
               CHALAPURAM P.O., KOZHIKODE (OWNER OF KL-11/BT
               6437).

      12       HAMSA KOYA N.P.,
               MOROTH THAZHAM, KARIKKAMKULAM, KARAPARAMBU,
               KOZHIKODE (OWNER OF KL-11/BT 8663).

      13       RAMEES V.P.,
               V.P.HOUSE, VATTARAMBU NORTH, BEYPORE, KOZHIKODE
               (OWNER OF KL-85/3026).

      14       ABDULLA SULFICKER V.,
               VANISSERI HOUSE, THRIKKOVIL LANE, KUTTICHIRA,
               KOZHIKODE (OWNER OF KL-11/BT 9057).

               BY ADV. SRI.K.V.GOPINATHAN NAIR

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY TO
               GOVERNMENT, TRANSPORT (B) DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE TRANSPORT COMMISSIONER,
               TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O.,
               THIRUVANANTHAPURAM-695014.

      3        THE REGIONAL TRANSPORT OFFICER,
               REGIONAL TRANSPORT OFFICE, ERANHIPALAM, KOZHIKODE-
               673020.

      4        THE DISTRICT COLLECTOR,
               COLLECTORATE, CIVIL STATION, ERANHIPALAM,
               KOZHIKODE-673020.

      5        THE ASSISTANT COMMISSIONER OF POLICE (CITY
               TRAFFIC),
               SUB DIVISION-SOUTH, MANANCHIRA, KOZHIKODE-673001.


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                JUDGMENT

Petitioners are the owners of electric autorickshaws which are

running in the city of Calicut. The grievance of the petitioners is that,

though they are entitled to operate their vehicles within the Kozhikode

city, by halting at any of the approved stands, they have not been

allotted the Bonet number, to identify the vehicle and to enable them to

halt on stands and to operate in the City. A representation has been

submitted by them as Ext.P6 seeking appropriate reliefs. The grievance

of the petitioners is that, Ext.P6 has neither been taken up nor

considered by the authority.

2. After hearing the learned Senior Government Pleader and

the learned counsel for the petitioners, I feel that the limited prayer

sought by the petitioners can be granted. Accordingly, the Writ Petition

is disposed of with a direction to the third respondent to consider Ext.P6

application and pass appropriate orders on Ext.P6 application, after

giving a reasonable opportunity of being heard to the representatives of

the petitioners and after pursuing reports, if any, called from the office

of the fourth and fifth respondents, within a period of six weeks from

the date of production of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                                 JUDGE
                          APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE LETTER OF THE TRANSPORT
                     COMMISSIONER DATED 2.8.2019.

EXHIBIT P2           TRUE COPY OF THE LETTER OF THE 3RD

RESPONDENT ADDRESSED TO HON'BLE CHIEF MINISTER DATED 17.8.2020.

EXHIBIT P3 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT DATED 24.12.2020.

EXHIBIT P4 TRUE COPY OF THE INTIMATION BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 18.11.2020.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 16.3.2021.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.5699 OF 2021 DATED 17.3.2021.