Kerala High Court

WP(C)/42002/2017 of VENUGOPALAN.K Vs STATE OF KERALA on 29 December 2017

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42002 of 2017 ( A ) ---------------------------- PETITIONER : ------------------ 1. VENUGOPALAN.K., S/O.LAKSHMAN K. VISHNUNIVASAM, NEAR MUTHAPPAN

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939

WP(C).No. 42002 of 2017 (A)

----------------------------

PETITIONER :

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1.

VENUGOPALAN.K., S/O.LAKSHMAN K. VISHNUNIVASAM, NEAR MUTHAPPAN THARA, BALLA P.O., HOSDURG, KASARAGOD.

2.

KRISHNAKUMAR, H., S/O.LAKSHMANA RAVU, ANUGRAH, NELLIKKAT, BALLA P.O., KASARGOD.

3.

NAZEER. M.K., S/O. M.K.MANNATH KOY, SHAHARBAN QUARTERS, BALLA KADAPPURAM AVIKKARA, HOSDURG, KANHANGAD.

4.

SANTHOSH K., S/O. BHASKARAN, KOVVAL HOUSE, NEAR S.N. POLY, KANHANGAD P.O., KASARAGOD.

5.

RATNAKARAN.K.V., S/O.ACHANDUNHI, M.K.HOUSE, PATTAKKAL, HOSDURG, KANHANGAD SOUTH P.O., KASARAGOD.

6.

RAJENDRAN K.K., S/O. KUNHAMBU, KANIYAMKULAM HOUSE, KOVVALPALLI, KANHANGAD, KASARAGOD. KOVVALPALLI, KANHANGAD, KASARAGOD.

7. KUMARAN. T., S/O.KUNHIRAMAN P., ARAYI, HOSDURG, KAHIANGAD SOUTH .P.O., KASARAGOD.

8.

IBRAHIM K.T., S/O. BEEFATHIMA T.K., HOUSE, OLD BEACH KOLLORAVI, KANHANGAD SOUTH, P.O. KASARAGOD.

BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SRI.MURUGAN P.V. SRI.M.SUKUMARAN

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RESPONDENTS :

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1. STATE OF KERALA

REPRESENTED BY HE SECRETARY, MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

2.

THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD DISTRICT, REPRESENTED BY THE SECRETARY - 671121.

3. THE REGIONAL TRANSPORT OFFICER, KANHANGAD, KASARAGOD DISTRICT - 671121.

BY GOVERNMENT PLEADER SMT. A.C.VIDHYA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 42002 of 2017 (A) --------------------------------------- APPENDIX

PETITIONER'S EXHIBITS :

-----------------------------------

P1:COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 1ST PETITIONER DATED 28/10/2017.PETITIONER DATED 28/10/2017.

P1(a):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 2ND PETITIONER DATED 29/12/2016.PETITIONER DATED 29/12/2016.

P1(b):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 3RD PETITIONER DATED 18/9/2017.PETITIONER DATED 18/9/2017.

P1(c):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 4TH PETITIONER DATED 24/11/2017PETITIONER DATED 24/11/2017

P1(d):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 5TH PETITIONER DATED 10/11/2017.PETITIONER DATED 10/11/2017.

P1(e):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 5TH PETITIONER DATED 20/5/2017.PETITIONER DATED 20/5/2017.

P1(f):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 6TH PETITIONER DATED 13/7/2017.PETITIONER DATED 13/7/2017.

P1(g):COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 7TH PETITIONER DATED 22/9/2015.PETITIONER DATED 22/9/2015.

P2:COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 1ST PETITIONER DT 27/11/2017.OF PERMIT OF THE 1ST PETITIONER DT 27/11/2017.

P2(a):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 2ND PETITIONER DT 27/11/2017.OF PERMIT OF THE 2ND PETITIONER DT 27/11/2017.

P2(b):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 3RD PETITIONER DT 27/11/2017.OF PERMIT OF THE 3RD PETITIONER DT 27/11/2017.

P2(c):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 4TH PETITIONER DT 27/11/2017.OF PERMIT OF THE 4TH PETITIONER DT 27/11/2017.

P2(d):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 5TH PETITIONER DT 27/11/2017.OF PERMIT OF THE 5TH PETITIONER DT 27/11/2017.

P2(e):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 6TH PETITIONER DT 27/11/2017.OF PERMIT OF THE 6TH PETITIONER DT 27/11/2017.

WP(C).No. 42002 of 2017 (A)

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P2(f):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 7TH PETITIONER DT 27/11/2017.

P2(g):COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT OF THE 8TH PETITIONER DT 27/11/2017.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY//

P.A. TO JUDGE

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W.P.(C) NO.42002 OF 2017

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Dated this the 29[th] day of December, 2017

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J U D G M E N T

I see that issues similar to those raised in this writpetition have already been considered by another learnedSingle Judge which has culminated in a judgment reportedas Rajesh v. Secretary, Regional Transport Authority(2014(3) KLT 341). I am in respectful confirmation ofthe directions contained therein. I therefore see noreason to deviate there from.

2. I see that the petitioners are contract carriagepermit holders of autorickshaws. They say that they haveobtained orders from the State Appellate TransportTribunal for varying the said permit. They have filed thiswrit petition seeking directions to the respondents toreceive the fee for application for variation of the permitand also for a direction that they be issued the permit interms of the orders of the State Appellate Transport W.P.(C) NO.42002/ 2017 2

Tribunal.

3. In view of the judgment above referred I dispose ofthis writ petition also directing the respondents to issuepermit of the petitioners as applied for them inconformity with the judgment of the State AppellateTransport Tribunal, Ernakulam, within a period of onemonth from the date of receipt of a certified copy of thisjudgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

IAP

The word “respondents” occurring in the 2[nd] line of3[rd] paragraph of the judgment dated 29/12/2017 in W.P(C)No.42002/2017 is corrected and substituted as “thirdrespondent”as per order dated 09/02/2018 inI.A.No.1668/2018 in W.P(C)No.42002/2017.

Sd/-

Registrar (Judicial)

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