Abdul Basheer.P vs The State Of Kerala
2023 Latest Caselaw 9696 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
  WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                       WP(C) NO. 20998 OF 2021
PETITIONERS:

    1     ABDUL BASHEER.P
          AGED 48 YEARS
          S/O.PATHUMYI, RESIDING AT PARAKANDI MEETHAL, POKKUNNU,
          GURUVAYUR, APPAN COLLEGE (POST), KOZHIKODE DISTRICT,
          PIN - 673 014
          AUTOICKASHAW REG.NO.KL 85 5564.

    2     YOUNUS A.K. @ KUNHU MUHAMMED YOUNUS
          AGED 48 YEARS
          S/O.(LATE) KUNJI MUHAMMED, RESIDING AT MELECHAMAVIL
          (HOUSE), OLAVANNA, GURUVAYUR APPAN COLLEGE (POST),
          KOZHIKODE DISTRICT, PIN - 673 014
          AUTORICKSHAW REG.NO.KL 85 5873.

    3     SURESH T.T.
          AGED 47 YEARS
          S/O.(LATE) GANGADHARAN, THANDAM THOTTATHIL (HOUSE),
          OLAVANNA (POST), KOZHIKODE DISTRICT, PIN - 673 019
          AUTORICKASHAW REG.NO.KL 11 AR 8059.

          BY ADV JESWIN P.VARGHESE


RESPONDENTS:

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

    2     THE REGIONAL TRANSPORT AUTHORITY
          CIVIL STATION, KOZHIKODE, PIN - 673 020
          REPRESENTED BY ITS SECRETARY.
 WP(C) No. 20998 of 2021
                                  2

     3     THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE)
           OFFICE OF DTO, CIVIL STATION, KOZHIKODE,
           PIN - 673 020.
     4     THE DISTRICT COLLECTOR
           CIVIL STATION, KOZHIKODE, PIN - 673 020.
     5     THE REGIONAL TRANSPORT OFFICER
           CIVIL STATION, KOZHIKODE, PIN - 673 020.
     6     ADDL.R6. PREMANAND.T.
           S/O.WILLIAMS, OTTIYAMBALAM PARAMBA, P.O. KALLAI,
           KOZHIKODE (CITY SECRETARY, REVOLUTIONARY MOTOR
           TRANSPORT UNION,) PIN - 673 001.
     7     ADDL.R7.ISMAIL.C.V.
           S/O.MUHAMMED, MANNADATHUPARAMBA, KAPPAKKAL, PO.
           KALLAI, KOZHIKODE (CITY SECRETARY, KERALA STATE MOTOR
           ENGINEERING WORKERS UNION) PIN - 673 003.

     8     ADDL.R8.PRAJOSH.K.
           S/O.DEVADASAN, KANDOTH, P.O. KOLATHARA, KOZHIKODE
           (CITY SECRETARY, ALL INDIA TRADE UNION CONGRESS)
           PIN - 673 655.

     9     ADDL.R9.K.C.SASIKUMAR
           S/O.RAJENDRAMENON, VARIYATH HOUSE, MANKAVU, KOZHIKODE
           (CITY PRESIDENT, INDIAN NATIONAL TRADE UNION CONGRESS)
           PIN - 673 007.

    10     ADDL.R10.PRADEEP
           S/O.SAMIMUTTY, THODACHERY HOUSE, KUTTIKKATTOR,
           KUDUMBASSERIPARAMBU, KOZHIKODE (SOUTH MEKHALA
           SECRETARY, BHARATH MAZDOOR SANGH) PIN - 673 003.

    11     ADDL.R11.SHAMSHEER
           S/O.KUTTIYAMI KOYA, PADINJARAKAM HOUSE, PANNIANKARA,
           KALLAI P.O., KOZHIKODE (CITY PRESIDENT, NATIONAL
           LABOUR UNION) PIN - 673 003.
    12     ADDL.R12.MUSAMMIL.U.
           S/O.KHADER, VPN HOUSE, CHERUKATTU MEETHAL HOUSE,
           KOMMERI, KOZHIKODE (DISTRICT GENERAL SECRETARY,
           BHARATH MAZDOOR SANGH) - PIN - 673 007.
    13     ADDL.R13.UMESH KUMAR
 WP(C) No. 20998 of 2021
                                    3

           S/O.RAMAN, PUTHEN KULANGARA HOUSE, MARIKKUNNU P.O.,
           KOZHIKODE - 673 012.

           [ADDITIONAL RESPONDENTS 6 TO 13 ARE IMPLEADED AS PER
           ORDER DATED 22.11.2021 IN I.A.1/2021 IN
           WP(C)20998/2021.]

           BY ADV I.DINESH MENON


OTHER PRESENT:

           JOBY JOSEPH-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 20998 of 2021
                                           4

                        DINESH KUMAR SINGH, J.
                     --------------------------------------------
                       WP(C) NO. 20998 OF 2021
                     --------------------------------------------
                  Dated this the 13th day of September, 2023

                                JUDGMENT

1. The present writ petition has been filed for

the following reliefs:-

(i) "A writ of certiorari or any other appropriate writ or order quashing Ext.P10 Decision to the extent of imposing an additional condition vide 3(a) that that 'the applicants should be permanent resident of Kozhikode Corporation' to obtain Contract Carriage Permit.

(ii) A writ of certiorari or any other appropriate writ or order quashing Ext.P18 to P20 Orders issued by the 2nd respondent.

(iii) A writ of mandamus in the form of declaration that additional condition 3(a) incorporated by the 2nd respondent in Ext.P10 Decision amounts to violation of fundamental rights and hence the same has not legal WP(C) No. 20998 of 2021

consequencces.

(iv) A writ of mandamus or any appropriate wit or order directing the 2 nd respondent to issue Contract Carriage Permits to the Autorickshaws belongs to the writ petitioners; which are bearing Registration Numbers KL 85 5564, KL 85 5873 and KL 11AR 8059 respectively; to ply their vehicle freely within Kozhikode City in the light of Ext.P5 Govt. Order.

(v) A writ of mandamus or any other appropriate writ or order directing the 2 nd respondent to reserve two CNG and one LPG Contract Carriage Permits for the Autorickshaws belongs to writ petitioner in the light of Ext. P5 Govt. Order; pending disposal of the present Writ Petition (Civil).

(vi) Any other appropriate writ order or direction as the Hon'ble Court may pleased to grant in the circumstances of the case."

2. The petitioner's applications for renewing

the Auto-Rickshaw permits in the city of Kozhikode

have been rejected on the ground that the petitioners WP(C) No. 20998 of 2021

are not the permanent residents of Kozhikode

Corporation. I find the ground of rejection for granting

the Auto-Rickshaw permit to the petitioners is violation

of Articles 14, 19(1)(g) of the Constitution of India. The

State cannot make any discrimination on the ground of

residence of the citizens.

3. In view of the above, the present writ

petition is allowed and the impugned orders are set

aside. The 2nd respondent is directed to pass fresh

orders on the applications of the petitioners in

accordance with law without the condition of

residence. Such orders should be passed within a

period of one month from the date of the order passed

in this writ petition after affording an opportunity of

hearing to the petitioners.

Sd/-

DINESH KUMAR SINGH JUDGE rpr WP(C) No. 20998 of 2021

APPENDIX OF WP(C) 20998/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.P.CO.11/342/2014 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT DATED 03/12/2019.

Exhibit P2 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.P.CO.11/878/2016 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT DATED 16/03/2016.

Exhibit P3 A TRUE COPY OF CONTRACT CARRIAGE PERMIT NO.P.CO.11/1239/2014 ISSUED TO 3RD PETITIONER BY THE 2ND RESPONDENT. Exhibit P4 A TRUE COPY OF GOVT. NOTIFICATION NO.13372/B2/2015/TRAN ISSUED BY THE 1ST RESPONDENT DATED 18/02/2016. Exhibit P5 A TRUE COPY OF GOVT. ORDER (P) NO.41/2018/TRAN DATED 22/11/2018. Exhibit P6 A TRUE COPY OF LETTER NO.B1/106/2018/TRANS ISSUED BY 1ST RESPONDENT DATED 22/2/2020. Exhibit P7 A TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONERS 1 & 2 BEFORE 5TH RESPONDENT DATED 28/02/2020. Exhibit P8 A TRUE COPY OF GOVT. ORDER (RT) NO.388/2020/TRANS ISSUED BY THE 1ST RESPONDENT DATED 18/11/2020. Exhibit P9 A TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONERS 1 AND 2 BEFORE 5TH RESPONDENT DATED 09/02/2021. Exhibit P10 A TRUE COPY OF THE DECISION OF 2ND RESPONDENT VIDE ITEM NO.73 DATED 03/02/2021.

WP(C) No. 20998 of 2021

Exhibit P11 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.1577/2021 DATED 08/07/2021.

Exhibit P12 A TRUE COPY OF APPLICATION FOR PERMIT SUBMITTED BY THE 1ST PETITIONER DATED 29/07/2021.

Exhibit P13 A TRUE COPY OF APPLICATION FOR PERMIT SUBMITTED BY THE 2ND PETITIONER DATED 05/08/2021.

Exhibit P14 A TRUE COPY OF APPLICATION FOR PERMIT SUBMITTED BY THE 3RD PETITIONER DATED 19/08/2021.

Exhibit P15 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE 5TH RESPONDENT DATED 29/07/2021.

Exhibit P16 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE 5TH RESPONDENT DATED 05/08/2021.

Exhibit P17 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE 5TH RESPONDENT DATED 25/08/2021.

5564/2021/D ISSUED TO 1ST PETITIONER BY 2ND RESPONDENT DATED 09/09/2021.

Exhibit P19 A TRUE COPY OF ORDER NO.C/KL85 5873/2021/D ISSUED TO 2ND PETITIONER BY 2ND RESPONDENT DATED 09/09/2021.

Exhibit P20 A TRUE COPY OF ORDER NO.C/KL 11 AR 8059/2021/D ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT DATED 09/09/2021.