Kerala High Court

WP(C)/4772/2025 of P.M. SIDHIQUE, Vs STATE OF KERALA, on 1 April 2025

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 4772 OF 2025 PETITIONER: P.M. SIDHIQUE, AGED 54 YEARS, S/O. MEERAN, RESIDING AT PUNNAMATTATHIL HOUSE, RAYONPURAM P.O., KANJIRAKKAD,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 4772 OF 2025

PETITIONER:

P.M. SIDHIQUE,

AGED 54 YEARS,

S/O. MEERAN, RESIDING AT PUNNAMATTATHIL HOUSE, RAYONPURAM P.O., KANJIRAKKAD, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683543.

BY ADV P.P.BIJU

RESPONDENTS:

STATE OF KERALA,

REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

THE REGIONAL TRANSPORT OFFICER,

OFFICE OF THE REGIONAL TRANSPORT OFFICER, MUNCIPAL

BUILDING, PATTAL, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM

DISTRICT, PIN – 683545.

SUB REGIONAL TRANSPORT OFFICER,

REGIONAL TRANSPORT OFFICE, MUNCIPAL BUILDING, PATTAL, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683542.

ADDL R4: PERUMBAVOOR MUNICIPALITY

REPRESENTED BY SECRETARY,PERUMBAVOOR P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683542

[ADDL R4 IMPLEADED AS PER ORDER DATED 03-03-2025 IN IA

01/2025 IN WP(C) 4772/2025]

SRI. P.S.APPU, GP

SRI.MATHEW B KURIAN,SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

This writ petition has been filed seeking the following reliefs:-

i. Issue a writ of mandamus or such writ, order or direction commanding the respondents No’s 2 & 3 to issue Contract carriage permit permitting the petitioner to park his Auto- rickshaw in any area of Perumbavoor Municipality forthwith.

ii. Call for the records pursuant to Exhibit-P3 permit and quash the same invoking the writ of Certiorari.

iii. Issue a writ of mandamus or such writ, order or direction commanding the respondent No.3 to consider Exhibit-P5 issue contract carriage permit to the petitioner allowing parking the place of Perumbavoor Municipality without any delay.

2. The learned counsel appearing for the additional 4th respondent would submit that the request of the petitioner will be placed before the Traffic Regulatory Committee chaired by the Municipal Chairperson. It is submitted that a decision on the petitioner’s request will be taken without undue delay.

3. Heard the learned Government Pleader also. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for

the additional 4th respondent, this writ petition will stand disposed of directing that Ext.P5 request made by the petitioner shall be considered by the Traffic Regulatory Committee of the Perumbavoor Municipality, without undue delay and at any rate within a period of two months from the date of receipt of a certified copy of this judgment. Sd/- GOPINATH P. JUDGE DK

APPENDIX OF WP(C) 4772/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DRAFT RESIDENCE CERTIFICATE DATED 06.12.2024 ISSUED FROM THE PERUMBAVOOR MUNICIPALITY Exhibit P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 04.10.2019 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 07.01.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 05.12.2016 IN WPC NO.36124/2016 OF THIS HON’BLE COURT Exhibit P5 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER TO THE JOINT RTO, PERUMBAVOOR Exhibit P6 TRUE COPY OF THE APPLICATION DATED 26.03.2025 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN OF THE 5TH RESPONDENT

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