Thoufeeque P K vs State Of Kerala
2025 Latest Caselaw 2419 Ker

Kerala High Court

Thoufeeque P K vs State Of Kerala on 15 January, 2025

                                                           2025:KER:3126
W.P (C) Nos.14940 & 15976/2023 -1-

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946

                        WP(C) NO. 14940 OF 2023

PETITIONER/S:

          BABU P.,
          AGED 54 YEARS
          S/O SUBRAMANIAN. P., MATTANHI MEETHAL (HOUSE), KOMMERI
          POST,MANKAVU, KOZHIKODE DISTRICT,, PIN - 673007

          BY ADV JESWIN P.VARGHESE
RESPONDENT/S:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF MOTOR TRANSPORT, SECRETARIAT, TRIVANDRUM,, PIN -
          695001

    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, REPRESENTED BY ITS SECRETARY,
          PIN - 673020

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

          BY SRI. P.S.APPU, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2025, ALONG WITH WP(C).15976/2023, THE COURT ON THE SAME DAY
                                      2025:KER:3126
W.P (C) Nos.14940 & 15976/2023 -2-

DELIVERED THE FOLLOWING:
                                                            2025:KER:3126
W.P (C) Nos.14940 & 15976/2023 -3-


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946

                        WP(C) NO. 15976 OF 2023

PETITIONER/S:

    1     THOUFEEQUE P K.,
          AGED 41 YEARS
          S/O ABDUL RASAK, MUBEENA MANZIL, KIZHUVANA PADAM,
          NALLALAM POST, KOZHIKODE DISTRICT,, PIN - 673027

    2     YOOSEF T.,
          AGED 53 YEARS
          S/O ABUBUCKER, RESIDING AT MYBAZ MANZIL, KONNAD, WEST
          HILL (POST), KOZHIKODE DISTRICT,, PIN - 673005

    3     BYIJU K.,
          AGED 46 YEARS
          S/O HARIHARAN K.N, ELAVANDHIKKAL HOUSE, SAVAPPADANNA,
          PUTHIYAPALAM, CHALAPPURAM (POST), KOZHIKODE DISTRICT,,
          PIN - 673002

    4     RAHUL RAJAN,
          AGED 32 YEARS
          S/O E.N. RAJAN, ELAVANTHICKAL HOUSE, CHEMBAKA HOUSING
          COLONY, CHALAPPURAM (POST), KOZHIKODE DISTRICT, PIN -
          673002


          BY ADV JESWIN P.VARGHESE



RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF MOTOR TRANSPORT, SECRETARIAT, TRIVANDRUM,, PIN -
                                                      2025:KER:3126
W.P (C) Nos.14940 & 15976/2023 -4-

          695001

    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. REPRESENTED BY ITS SECRETARY,
          PIN - 673020

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


          BY SRI. P.S.APPU, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2025, ALONG WITH WP(C).14940/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                              2025:KER:3126
W.P (C) Nos.14940 & 15976/2023 -5-


                               JUDGMENT

The petitioners are persons who are purchased autorickshaws which

run on the Compressed Natural Gas (CNG). According to the petitioners they

intended to operate autorickshaws within the limits of Kozhikode city. It is

the case of the petitioners that by the time the petitioners have purchased

vehicle, they were informed that 333 permits have already been issued for

CNG autorickshaws in Kozhikode city and no further permit can be issued to

CNG autorickshaws. According to the petitioners the Government has the

authority to direct issuance of further permits and they have approached the

Government by filing Ext.P9 in W.P (C) No.14940/2023 and Ext.P8 in W.P

(C) No.15976/2023. It is submitted that the 1 st respondent in both the writ

petitions may be directed to take a decision on Ext.P9 in W.P (C)

No.14940/2023 and Ext.P8 in W.P (C) No.15976/2023 after affording an

opportunity of hearing to a representative of the petitioners in these cases

within a period to be fixed by this court.

2. Heard the learned Government Pleader also.

3. Having heard the learned counsel for the petitioner and the learned

Government Pleader and having regard to the limited nature of the relief now

sought for by the petitioners, these writ petitions will stand disposed of

directing the 1st respondent to take a decision on Ext.P9 in W.P (C) 2025:KER:3126

No.14940/2023 and Ext.P8 in W.P (C) No.15976/2023 after affording an

opportunity of hearing to a representative of the petitioners in both these

cases within a period of 3 months from the date of receipt of a certified copy

of this judgment. I make it clear that I have not expressed any opinion on the

merits of the matter and it is open to the competent authority to take a

decision in the matter, in accordance with the law.

Writ petitions are disposed of as above.

Sd/-

GOPINATH P. JUDGE

AMG 2025:KER:3126

APPENDIX OF WP(C) 15976/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF GOVT. ORDER (P) NO.

41/2018/TRAN DATED 22.11.2018

Exhibit P2 A TRUE COPY OF REGISTRATION CERTIFICATE OF CNG AUTO-RICKSHAW BELONGS TO 1ST PETITIONER, BEARING REG. NO. KL 43 M 3296 DATED 24.07.2019

Exhibit P2(a) A TRUE COPY OF APPLICATION FOR FRESH PERMIT (FORM P.CO.S.A) SUBMITTED BY 1ST PETITIONER BEFORE 5TH RESPONDENT DATED 31.01.2023

Exhibit P2(b) A TRUE COPY OF RECEIPT FOR REMITTING RS.360/-

TOWARDS APPLICATION FEE FOR FRESH PERMIT DATED 31.01.2023

Exhibit P2(c) A TRUE COPY OF AFFIDAVIT SUBMITTED BY 1ST PETITIONER BEFORE 5TH RESPONDENT DATED 31.01.2023

Exhibit P2(d) A TRUE COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 31.01.2023

Exhibit P3 A TRUE COPY OF REGISTRATION CERTIFICATE OF CNG AUTO-RICKSHAW BELONGS TO 2ND PETITIONER, BEARING REG. NO. KL 11 BX 4792 DATED 01.02.2023

Exhibit P3(a) A TRUE COPY OF APPLICATION FOR FRESH PERMIT (FORM P.CO.S.A) SUBMITTED BY THE 2ND PETITIONER BEFORE 5TH RESPONDENT DATED 02.03.2023

Exhibit P3(b) A TRUE COPY OF RECEIPT FOR REMITTING RS.360/-

TOWARDS APPLICATION FEE FOR FRESH PERMIT DATED 07.03.2023

Exhibit P3(c) A TRUE COPY OF AFFIDAVIT SUBMITTED BY THE 2ND PETITIONER BEFORE 5TH RESPONDENT DATED 02.03.2023 2025:KER:3126

Exhibit P3(d) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE 5TH RESPONDENT DATED 02.03.2023

Exhibit P4 A TRUE COPY OF REGISTRATION CERTIFICATE OF CNG AUTO-RICKSHAW BELONGS TO 3RD PETITIONER, BEARING REG. NO. KL 11 BX 7781 DATED 24.03.2023

Exhibit P4(a) A TRUE COPY OF APPLICATION FOR FRESH PERMIT (FORM P.CO.S.A) SUBMITTED BY 3RD PETITIONER BEFORE 5TH RESPONDENT DATED 10.04.2023

Exhibit P4(b) A TRUE COPY OF RECEIPT FOR REMITTING RS.360/-

TOWARDS APPLICATION FEE FOR FRESH PERMIT DATED 06.04.2023

Exhibit P4(c) A TRUE COPY OF AFFIDAVIT SUBMITTED BY 3RD PETITIONER BEFORE 5TH RESPONDENT DATED 10.04.2023

Exhibit P4(d) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE 5TH RESPONDENT DATED 10.04.2023

Exhibit P5 A TRUE COPY OF REGISTRATION CERTIFICATE OF CNG AUTO-RICKSHAW BELONGS TO 4TH PETITIONER, BEARING REG. NO. KL 11 BX 7738 DATED 24.03.2023

Exhibit P5(a) A TRUE COPY OF APPLICATION FOR FRESH PERMIT (FORM P.CO.S.A) SUBMITTED BY 4TH PETITIONER BEFORE 5TH RESPONDENT DATED 10.04.2023

Exhibit P5(b) A TRUE COPY OF RECEIPT FOR REMITTING RS.360/-

TOWARDS APPLICATION FEE FOR FRESH PERMIT DATED 06.04.2023

Exhibit P5(c) A TRUE COPY OF AFFIDAVIT SUBMITTED BY THE 4TH PETITIONER BEFORE 5TH RESPONDENT DATED 10.04.2023 2025:KER:3126

Exhibit P5(d) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 4TH PETITIONER BEFORE 5TH RESPONDENT DATED 10.04.2023

Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 26.07.2023

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 26.07.2023

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 26.07.2023

Exhibit P9 A TRUE COPY OF LETTER NO.

B1/167/2023/TRANSPORT ISSUED BY THE 1ST RESPONDENT DATED 13.08.2023 2025:KER:3126

APPENDIX OF WP(C) 14940/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT IN WPC NO.

11489/2013 DATED 24.06.2013

Exhibit P2 A TRUE COPY OF GOVT. ORDER (P) NO.

41/2018/TRAN DATED 22.11.2018

Exhibit P3 A TRUE COPY OF REGISTRATION CERTIFICATE OF CNG AUTO-RICKSHAW BEARING REG. NO. KL 11 BX 6220 DATED 01.03.2023

Exhibit P4 A TRUE COPY OF APPLICATION FOR FRESH PERMIT (FORM P.CO.S.A) SUBMITTED BY THE PETITIONER BEFORE 5TH RESPONDENT DATED 18.03.2023

Exhibit P5 A TRUE COPY OF RECEIPT FOR REMITTING RS.360/-

ONLY TOWARDS APPLICATION FEE FOR FRESH PERMIT DATED 18.03.2023

Exhibit P6 A TRUE COPY OF AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE 5TH RESPONDENT DATED 18.03.2023

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 18.03.2023

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 17.04.2023

Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.09.2023