Mariyambi vs State Of Kerala
2023 Latest Caselaw 3796 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 10827 OF 2023
PETITIONERS:

    1     MARIYAMBI
          AGED 63 YEARS
          W/O MUHAMMED M, PALOLI PARAMBA, GOVERNMENT ARTS AND
          SCIENCE COLLEGE POST, KOZHIKODE DISTRICT, PIN 673018.
          AUTO-RICKSHAW BEARING REG. NO. KL 11 BJ 8761.

    2     FIROZ P
          AGED 50 YEARS
          S/O KUNJALIKKUTTY, POOVANCHERI HOUSE, NADUCHALIL NILAM,
          CHALATTY, NALLALAM POST, KOZHIKODE DISTRICT, PIN 673027
          AUTO-RICKSHAW BEARING REG. NO. KL 57 A 0658.

    3     MASHHOOD K.P
          AGED 40 YEARS
          S/O ABOOBACKER KOYA K.P, K.P HOUSE, THEKKORODI PARAMBU,
          NALLALAM POST, KOZHIKODE DISTRICT. PIN 673027 AUTO-
          RICKSHAW BEARING REG. NO. KL 11 BG 7319.

    4     MUHAMMED ANSAR P.K
          AGED 38 YEARS
          S/O ABDU RAZAK P.K, PUTHU KOVILAKAM, MUBEENA MANZIL,
          KIZHUVANAPADAM, NALLALAM POST, KOZHIKODE DISTRICT. PIN
          673027 AUTO-RICKSHAW BEARING REG. NO. KL 11 AX 4678.

    5     ANEESH. T
          AGED 52 YEARS
          S/O SAITHALI T, BAITHUL SAS, THIRUTHIMMAL,
          CRESCENT BAZAR, MUYYANNOOR PARAMB, KOLATHARA POST,
          KOZHIKODE. PIN 673655, AUTO-RICKSHAW BEARING REG. NO.
          KL 11 BP 6641.
          BY ADV JESWIN P.VARGHESE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF MOTOR TRANSPORT, SECRETARIAT, TRIVANDRUM, PIN -
          695001.
 WP(C) NO. 10827 OF 2023          2




      2      THE TRANSPORT COMMISSIONER
             HAVING OFFICE AT SECOND FLOOR, TRANS TOWERS,
             VAZHUTHAKKAD (POST), TRIVANDRUM, PIN - 695014.

      3      THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE)
             OFFICE OF DTO, CIVIL STATION, KOZHIKODE,
             PIN - 673020.

      4      THE REGIONAL TRANSPORT AUTHORITY (RTA)
             CIVIL STATION, KOZHIKODE. PIN 673020. REPRESENTED BY
             ITS SECRETARY.

      5      THE REGIONAL TRANSPORT OFFICER
             CIVIL STATION, KOZHIKODE, PIN - 673020.


             SMT.AMMINIKUTTY K, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10827 OF 2023                  3




                                   JUDGMENT

The petitioners are registered owners of Autorickshaws holding contract

carriage permits authorising them to ply their vehicles through all roads in

Kozhikode District subject to the condition that they shall not park or pick up

passengers from within the city. Exts.P1 to P5 are the contract carriage permits.

The petitioners approached the 5th respondent seeking variation of the existing

permit conditions as permissible under Rule 179 of the Kerala Motor Vehicles

Rules, 1989 r/w Section 80(3) of the Motor Vehicles Act, 1988. The grievance of

the petitioners is that they are not being permitted to pay the fees along with the

application form and therefore their applications are not being considered.

Exts.P11 to P15 are the applications submitted by the petitioners in the prescribed

form seeking variation of the conditions. This writ petition is submitted in such

circumstances seeking the following reliefs:-

(i) A writ of mandamus or any other appropriate writ or order directing the 4th respondent to consider and pass orders on Ext.11 to P15 Applications for Variation of Permit Conditions submitted by the petitioners in FORM PVA, after affording an opportunity for personal hearing, within a time frame as fixed by this Hon'ble Court.

(ii) A writ of mandamus or any other appropriate writ or order directing 5th respondent to issue separate Chalans (with office endorsements) to the petitioners so that the petitioners can remit the required fee and furnish

the details of Chalan payment (Enclosure No.1 in Form PVA) on Ext.P11 to P15 Applications in FORM PVA submitted by the petitioners before the 5th respondent.

(iii) A writ of mandamus or any other appropriate writ or order directing the 5th respondent to accept Ext.P11 to P15 Applications in FORM PVA submitted by writ petitioners and to place it before the 4th respondent Regional Transport Authority for consideration in the light of Rule 179 of The Kerala Motor Vehicles Rules r/w Section 80(3) of The Motor Vehicles Act, 1988.

2. Heard Sri.Jeswin P. Varghese, the learned counsel appearing for the

petitioners and Smt.Amminikutty, the learned Government Pleader.

3. In response to the contentions put forward by the learned counsel for

the petitioners, the learned Government Pleader submits that the petitioners can be

permitted to make payments towards the application fees manually, and up on

making the said payment, the applications would be placed before the next RTA

meeting and it would be considered.

In the light of the said submissions, this writ petition is disposed of with the

following directions:-

(i) the petitioners shall be at liberty to approach the 5 th

respondent for making necessary payments towards the

application fee for considering Exts.P11 to P15.

(ii) up on making such payment, the 5th respondent shall place

the applications before the 4th respondent, thereupon the 4th

respondent shall take a decision thereon in the next meeting to be

convened.

This writ petition is disposed of with the above directions.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE Sru

APPENDIX OF WP(C) 10827/2023

PETITIONERS EXHIBITS

Exhibit P1 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.

P.CO 11/729/2018 ISSUED TO 1ST PETITIONER BY THE 4TH RESPONDENT DATED 16.03.2018.

Exhibit P2 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.

KL2022-CC-0023K ISSUED TO 2ND PETITIONER BY THE 4TH RESPONDENT DATED 26.12.2022.

Exhibit P3 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.

P.CO 11/2084/2017 ISSUED TO 3RD PETITIONER BY THE 4TH RESPONDENT DATED 22.08.2017.

Exhibit P4 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.

P.CO 11/173/2015 ISSUED TO 4TH PETITIONER BY THE 4TH RESPONDENT DATED 23.01.2015.

Exhibit P5 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.

KL/11/CC/AR/2019/17 ISSUED TO 5TH PETITIONER BY 4TH RESPONDENT DATED 04.06.2019.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.02.2023.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.02.2023.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.02.2023.

Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 4TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.02.2023.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 5TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.02.2023

Exhibit P11 A TRUE COPY OF FORM PVA SUBMITTED TO 5TH RESPONDENT BY 1ST PETITIONER DATED 09.02.2023.

Exhibit P12 A TRUE COPY OF FORM PVA SUBMITTED TO 5TH RESPONDENT BY 2ND PETITIONER DATED 09.02.2023.

Exhibit P13 A TRUE COPY OF FORM PVA SUBMITTED TO 5TH RESPONDENT BY 3RD PETITIONER DATED 09.02.2023.

Exhibit P14 A TRUE COPY OF FORM PVA SUBMITTED TO 5TH RESPONDENT BY 4TH PETITIONER DATED 09.02.2023.

Exhibit P15 A TRUE COPY OF FORM PVA SUBMITTED TO 5TH RESPONDENT BY 5TH PETITIONER DATED 09.02.2023.