Kerala High Court
Rajeesh K vs Regional Transport Authority on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 15927 OF 2021
PETITIONERS:
1 RAJEESH K.,AGED 35 YEARS,S/O.DEVADAS.K, 37/910,
CHERUKATTUKUNIYIL, KARUVISSERI P.O., KARAPARAMBA, KOZHIKODE
DISTRICT, PIN-673010.
2 SHAJU T.P.,AGED 52 YEARS,S/O.KUNHAPPU T.P, THOTTOOLIPOYIL
HOUSE, CHALIKKARA, CIVIL STATION P.O., CALICUT, PIN-673020.
3 NEETHU M.A.,AGED 24 YEARS,D/O.ANIL KUMAR P.M., NIMI KRIPA,
KANNADIKKAL ROAD, VENGERI P.O., KARAPARAMBA, KOZHIKODE
DISTRICT, PIN-673010.
4 PRASOON.A, AGED 34 YEARS,S/O.PRAKASAN.A, ALAYIL HOUSE,
EDAKKAD P.O., WEST HILL, KOZHIKODE DISTRICT, PIN-673005.
BY ADVS.
JOSEPH GEORGE
P.A.REJIMON
RESPONDENT/S:
1 REGIONAL TRANSPORT AUTHORITY,KOZHIKODE, REP. BY ITS
SECRETARY, REGIONAL TRANSPORT OFFICE, CIVIL STATION,
KOZHIKODE, PIN-673020.
2 THE SECRETARY,REGIONAL TRANSPORT AUTHORITY-KOZHIKODE,
REGIONAL TRANSPORT OFFICE, 1ST FLOOR, CIVIL STATION,
KOZHIKODE, PIN-673020.
3 THE STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
4 THE MUNICIPAL CORPORATION OF KOZHIKODE,REPRESENTED BY ITS
SECRETARY, CORPORATION OFFICE, BEACH ROAD, KOZHIKODE,
PIN-673032.
5 THE TRAFFIC REGULATORY COMMITTEE,KOZHIKODE CITY, REPRESENTED
BY ITS CHAIRMAN (MAYOR KOZHIKODE MUNICIPAL CORPORATION)
CORPORATION OFFICE, BEACH ROAD, KOZHIKODE, PIN-673032.
6 THE DISTRICT POLICE CHIEF,KOZHIKODE CITY, KOZHIKODE,
PIN-673001.
WP(C) NO. 15927 OF 2021
2
BY ADV G.SANTHOSH KUMAR (P).
ADV.V.KRISHNA MENON
SR. GP SRI BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15927 OF 2021
3
JUDGMENT
The petitioners holds Ext P1 to Ext P4 contract
carriage permits for plying passenger autorikshaws
in "all fit roads in Kozhikode District" subject to
the condition that, the vehicles shall not park or
pick up passengers from or within the city of
Kozhikode. The petitioners seek for deletion of the
condition.
2. The learned Government Pleader submits that,
if the petitioners approach the authority with an
application in the proper form, the same shall be
considered and orders passed.
Accordingly, the writ petition is disposed of
with a direction that, if the petitioners approach
the 1st respondent with proper applications for the
issuance of permits without restrictions regarding
operation within the city, the same shall be
considered and appropriate orders passed within a
period of two months from the date of receipt
thereof.
Sd/- SATHISH NINAN
JUDGE
vdv
WP(C) NO. 15927 OF 2021
APPENDIX OF WP(C) 15927/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF PERMIT NO. P.CO
11/622/2012 ISSUED TO THE 1ST
PETITIONER BY THE 2ND RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF PERMIT NO. P.CO
11/192/2013 ISSUED TO THE 2ND
PETITIONER BY THE 2ND RESPONDENT.
Exhibit P3 TRUE PHOTOCOPY OF PERMIT NO. P.CO
11/1317/2018 ISSUED TO THE 3RD
PETITIONER BY THE 2ND RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF PERMIT NO. P.CO
11/897/2012 ISSUED TO THE 4TH
PETITIONER BY THE 2ND RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF DECISION OF REGIONAL
TRANSPORT AUTHORITY KOZHIKODE DATED
03.02.2021 VIDE ITEM NO.73.
Exhibit P6 TRUE PHOTOCOPY OF JUDGMENT DATED
08.07.2021 IN W.P(C)NO.2860/2021 OF
THIS HON'BLE COURT.
