Kerala High Court
Rasheed Thanath vs State Of Kerala on 21 November, 2024
2024:KER:87428
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 6114 OF 2020
PETITIONER:
RASHEED THANATH
AGED 70 YEARS
PRESIDENT KERALA STATE AUTORICKSHAW DRIVERS
CONGRESS, REGISTRATION NO.7/15/2012 AFFILIATED TO
ALL INDIAN UNORGANIZED WORKERS CONGRESS(AIUWC),
HAVING ITS OFFICE AT RAJEEVE BHAVAN,
EDAPPALLY TOLL, KOCHI-24
BY ADV SHERRY J. THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY COMMISSIONER, TRANSPORT
COMMISSIONERATE, TRASN TOWERS, VAZHUTHACADU,
THYCAUD.P.O, THIRUVANANTHAPURAM-695014
2 THE DISTRICT COLLECTORATE,
CIVIL STATION, KAKKANADU, ERNAKULAM-682030
3 THE ASSISTNAT COMMISSIONER OF POLICE
CITY TRAFFIC WEST, OLD RAILWAY STATION ROAD,
KACHERIPPADY, ERNAKULAM-682018
4 SOUTHERN RAILWAY
OFFICE OF CCI, SOUTH RAILWAY STATION ROAD,
ERNAKULAM SOOUTH, ERNAKULAM-682011
5 RTO,
MOTOR VEHICLE DEPARTMENT, 2ND FLOOR CIVIL STATION,
KAKKANAD, VAZHAKKALA, ERNAKULAM-682030
WP(C) No.6114 of 2020
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BY ADVS.
SRI.A.DINESH RAO, SC, RAILWAYS
VINU T.V.
OTHER PRESENT:
R1 TO 3 AND 5 - SRI.RIYAL DEVASSY,GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.6114 of 2020
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P.M. MANOJ, J
-----------------------------------
W.P.(C) No.6114 of 2020
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Dated this the 21st day of November, 2024
JUDGMENT
This writ petition is preferred by the petitioner, who is the
working president of the registered union of Autorickshaw
drivers alleging inaction from the part of the 5 th respondent, in
issuing city permits.
2. The grievance voiced in the writ petition is that
though there is requirement of prepaid autorickshaws as per the
existing records before the official authorities not taken any
steps to meet such requirements. Altogether there are twenty
thousand auto rickshaws in Ernakulam city. As of now, around
four thousand seven hundred permits are issued. And several
other person's applications for permits are also pending.
Meanwhile, the media report shows that there are no sufficient
auto rickshaws for prepaid permit and in accordance with that,
for the availability of autorickshaws, the Government is
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launching another thousand more ecofriendly autorickshaws as
private project. This is the circumstances in which the petitioner
approached this Court.
3. The petitioner is also aggrieved by Ext.P3
communication to the Assistant Commissioner of Police,
whereby it is stated that the Senior Divisional Commercial
Manager, the authority for issuing / revoking the license in the
division, ordered for revoking permits of those autorickshaws
who does not have city permit at Ernakulam Junction, Railway
Station .
4. On the request of the railway authorities, the decision
has been taken to remove the autorickshaws from the
Ernakulam Junction Railway Station, who does not possess the
city permits. The apprehension voiced by the petitioner in this
writ petition is with respect to introduction of private agencies
under the guise of new scheme of the 4 th respondent Railway,
and the issuance of notice on 12.02.2022 revoking the permit of
those autorickshaws which does not possess permit at
Ernakulam Juncion Railway Station.
The writ petition was lying from 02.03.2020 without getting
any interim orders in the favour of petitioner. By this time, the
project would implement by the railway, if any further subsisting
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grievance, the petitioner can approach the appropriate
authority.
On these directions, the writ petition is closed.
Sd/-
P.M.MANOJ
JUDGE
sss
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APPENDIX OF WP(C) 6114/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RECEIPT DATED
25.09.2013
EXHIBIT P1(A) THE TRUE COPY OF THE RECEIPT DATED
30.09.2013
EXHIBIT P2 THE TRUE COPY OF THE LETTER DATED
12.02.2020
EXHIBIT P3 THE TRUE COPY OF THE LETTER DATED
12.02.2020
