Sareef N.C vs The Regional Transport Authority
2024 Latest Caselaw 31715 Ker

Kerala High Court

Sareef N.C vs The Regional Transport Authority on 6 November, 2024

W.P.(C) No. 4065 of 2020
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                                                   2024:KER:82994


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.M.MANOJ

 WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                       WP(C) NO. 4065 OF 2020




PETITIONER:

          SAREEF N.C.
          AGED 30 YEARS
          S/O.AHAMMED KUTTY NADUVATH CHALI,
          PENGATTU PURAYIL HOUSE,
          KUZHIMANNA.P.O, MALAPPURAM DISTRICT.



          BY ADV C.M.MOHAMMED IQUABAL



RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY
          OFFICE OF THE REGIONAL TRANSPORT
          OFFICER,MALAPPURAM,MALAPPURAM.P.O, PIN-
          676505,REPRESENTED BY ITS SECRETARY.

    2     THE REGIONAL TRANSPORT OFFICER,
          OFFICE OF THE REGIONAL TRANSPORT OFFICER,
          MALAPPURAM, MALAPPURAM.P.O, PIN-676505.

    3     THE STATION HOUSE OFFICER,
          KONDOTTY POLICE STATION, KONDOTTY.P.O,
          MALAPPURAM DISTRICT,PIN-673638.

    4     KUZHIMANNA GRAMA PANCHAYATH,
          KUZHIMANNA.P.O, MALAPPURAM DISTRICT,PIN-
          673641,REPRESENTED BY ITS SECRETARY.

    5     MR.RAYIN,
          SECRETARY,KIZHISSERY COORDINATION
          COMMITTEE,KONDOTTY.P.O,
          MALAPPURAM DISTRICT,PIN-673638.
 W.P.(C) No. 4065 of 2020
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                                                 2024:KER:82994



          R1 TO 3 - SRI.RAJEEV GEORGE,GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 4065 of 2020
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                               P.M. MANOJ, J
                      -----------------------------------
                       W.P.(C) No.4065 of 2020
           --------------------------------------------------------
           Dated this the 6th day of November, 2024


                               JUDGMENT

The writ petition is preferred being aggrieved by non-

consideration of Ext.P3 application by the 3rd respondent

submitted by the petitioner for allotting serial number for halting

of the vehicle bearing registration No.KL-65B-8695.

2. It is stated that the petitioner is the owner of an

autorickshaw bearing registration No.KL-65B-8695. The

petitioner is plying autorickshaw with in Malappuram District,

with a halting place at Kizhissery, that is endorsed in Ext.P2

permit. In the case of the petitioner, though the 1 st petitioner is

granted with a permit endorsing halting place, 3rd respondent is

insisting prior permission from him. Under such circumstances,

the petitioner has preferred Ext.P3 application before the

3rd respondent in the specified form for opting halting number

for his vehicle.

2024:KER:82994

3. It appears that the police do not have the authority to

assign serial numbers to grant halting place; it is the authority of

the Regional Transport Authority, the 1st respondent, to assign

the parking place. Accordingly, they have already assigned the

parking place in Ext.P2 contract carriage permit. Hence, it is not

necessary to get permission from 3rd respondent and also assign

a serial number.

4. If any issue survives in this writ petition, the

petitioner can once again approach the Traffic Regulatory

Committee, if it is constituted under the 4th respondent-

Panchayat.

Accordingly, the writ petition is disposed of as above.

Sd/-

P.M. MAJOJ, JUDGE

SSS

2024:KER:82994

APPENDIX OF WP(C) 4065/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF KL-65B-8695 DATED 22.4.2013

EXHIBIT P2 THE TRUE COPY OF THE CONTRACT CARRIAGE PERMIT OF VEHICLE NO.KL-65B-8695 DATED 20.12.2019

EXHIBIT P3 THE TRUE COPY OF THE PROFORMA SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.