Kerala High Court
Nisar.K.K vs The State Of Kerala on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:58884
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 15852 OF 2024
PETITIONERS:
1 NISAR.K.K
AGED 39 YEARS
S/O ALIKOYA.K.K , RESIDING AT 23/366,
KAPPAKALLINGAL, KOOLITHARA,
MANKAVU (P.O), KOZHIKODE DISTRICT,
PIN - 673007
2 RASHEED.P.M
AGED 45 YEARS
S/O KHADER.P, RESIDING AT 13/76,
POOVATHAM, MANNIL KANNADAIKKAL VENGER (P.O),
KOZHIKODE DISTRICT, PIN - 673010
3 MUBARAK.A
AGED 43 YEARS
S/O ABDUL SALAM, RESIDING AT A.T.HOUSE,
MILLATH COLONY, ARTS COLLEGE (P.O),
CALICUT ARTS AND SCIENCE COLLEGE,
KOZHIKODE DISTRICT, PIN - 673018
4 DHANESH.M.K
AGED 47 YEARS
S/O MADHAVAN PILLAI,
RESIDING AT EDACHERY THAZHAM,
CIVIL STATION (P.O), KOZHIKODE DISTRICT,
PIN - 673020
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
MUHAMMED HAROON A.N.
HASHARURAHIMAN U.
MOHEMED FAVAS
WP(C) NO. 15852 OF 2024 2
2024:KER:58884
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF MOTOR TRANSPORT, SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE TRANSPORT COMMISSIONER
OFFICE AT SECOND FLOOR, TRANS TOWERS,
VAZHUTHAKKAD (POST), TRIVANDRUM,
PIN - 695014
3 THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE),
OFFICE OF DEPUTY TRANSPORT COMMISSIONER,
CIVIL STATION, KOZHIKODE., PIN - 673020
4 THE REGIONAL TRANSPORT AUTHORITY (RTA)
REPRESENTED BY ITS SECRETARY CIVIL STATION,
KOZHIKODE, PIN - 673020
5 THE REGIONAL TRANSPORT OFFICER
CIVIL STATION, KOZHIKODE.,
PIN - 673020
BY ADV
ADVOCATE GENERAL OFFICE KERALA
SRI. BINOY DAVIS-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15852 OF 2024 3
2024:KER:58884
DINESH KUMAR SINGH, J.
-----------------------
W.P.(C) No. 15852 of 2024
----------------------------
Dated this the 2nd day of August, 2024
JUDGMENT
The petitioners are the owners of CNG Auto-Rickshaws purchased
by them on various dates. The State Government has fixed the outer limit
for granting permits for operation of 3000 Auto-Rickshaws in Kozhikode
City. Out of this 3000 permits, 1000 are allotted to LPG/CNG/LNG
Auto-Rickshaws and 2000 are allotted to electric Auto-Rickshaws.
2. The petitioners had purchased the Auto-Rickshaws after the
Government order dated 22.11.2018, prescribing the outer limit for grant of
permit to auto-rickshaws. The petitioners have applied for granting them a
permit for operation in the Kozhikode city. However, their application has
been rejected on the ground that, the 1000 permits have already been issued
to other CNG/LPG/LNG auto-rickshaws. It is also stated in the statement
filed before this Court that, the petitioner's seniority position in the list
maintained by the RTO for granting the permit for auto-rickshaws is 103,
117, 90 and 87 respectively. Last person who was issued the CNG
auto-rickshaw permit for the city of Kozhikode was placed at Serial No.85
2024:KER:58884
in the final seniority list. As the permit is exhausted, it is not possible to
grant CNG permits to the petitioners.
3. The learned Counsel for the respondent submits that the
petitioners' seniority position should maintained and when there is vacancy,
their claim for registering city permit will be considered as per the seniority
list.
4. Considering the aforesaid facts, the present writ petition is
disposed of directing the 5th respondent to note the seniority position of the
petitioners and their applications for city permits and consider their
applications as and when their turn arises as per the seniority list.
With the aforesaid directions the present writ petition stands
disposed.
Sd/-
DINESH KUMAR SINGH
JUDGE
MSA
2024:KER:58884
APPENDIX OF WP(C) 15852/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF GOVT. ORDER (P) NO.
41/2018/TRAN DATED 22.11.2018
Exhibit P2 TRUE COPY OF REGISTRATION CERTIFICATE
OF CNG AUTO-RICKSHAW BEARING REG. NO.
KL 11 BX 1048 DATED 20-11-2022
Exhibit P2(a) TRUE COPY OF RECEIPT FOR REMITTING
RS.360/- ONLY TOWARDS APPLICATION FEE
FOR FRESH PERMIT DATED 15-12-2022
Exhibit P3 TRUE COPY OF REGISTRATION CERTIFICATE
OF CNG AUTO-RICKSHAW BEARING REG. NO.
KL 11 BW 9761 DATED 28-10-2022
Exhibit P3(a) TRUE COPY OF RECEIPT FOR REMITTING
RS.360/- ONLY TOWARDS APPLICATION FEE
FOR FRESH PERMIT DATED 31-12-2022
Exhibit P4 TRUE COPY OF REGISTRATION CERTIFICATE
OF CNG AUTO-RICKSHAW BEARING REG. NO.
KL 11 BX 1019 DATED 22-11-2022
Exhibit P4(a) TRUE COPY OF RECEIPT FOR REMITTING
RS.360/- ONLY TOWARDS APPLICATION FEE
FOR FRESH PERMIT DATED 24-11-2022
Exhibit P5 TRUE COPY OF REGISTRATION CERTIFICATE
OF CNG AUTO-RICKSHAW BEARING REG. NO.
KL 11 BX 9826 DATED 31-10-2022
Exhibit P5(a) TRUE COPY OF RECEIPT FOR REMITTING
RS.360/- ONLY TOWARDS APPLICATION FEE
FOR FRESH PERMIT DATED 24-11-2022
Exhibit P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS TO THE 1ST
RESPONDENT DATED 14-07-2023 WITH
ENGLISH TRANSLATION
2024:KER:58884
Exhibit P6(a) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS TO THE 3RD
RESPONDENT DATED 14-07-2023 WITH
ENGLISH TRANSLATION
Exhibit P6(b) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS TO THE 4TH
RESPONDENT DATED 14-07-2023 WITH
ENGLISH TRANSLATION
Exhibit P6(c) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS TO THE 5TH
RESPONDENT DATED 14-07-2023 WITH
ENGLISH TRANSLATION
Exhibit P7 TRUE COPY OF THE PERMIT BEARING NO: KL-
2024-CC-1048A DATED: 11/01/2024
