Writ petition seeking mandamus to vary autorickshaw permits and restrain parking actions withdrawn by petitioners with reservation of their right to approach the authority.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY,THE 06TH DAY OF DECEMBER 2018/15TH AGRAHAYANA, 1940
WP(C).No. 28823 of 2018
PETITIONERS:
1 NAJEEB V.B AGED 32 YEARS S/O.SULAIMAN V.V., VELLAKUDY HOUSE, ALLAPRA P.O., VENGOLA, ERNAKULAM-683556.
2 SHIBU, AGED 40 YEARS S/O.MARAKKAR, PUTHUKKADAN HOUSE, PALLIKKAVALA, MUDICKAL, ERNAKULAM-683547.
3 SUBAIR, AGED 36 YEARS S/O.KUNJUMUHAMMED, MOOKADA HOUSE, MUDICKAL P.O., PERUMBAVOOR, ERNAKULAM- 683547.
4 SHAMSUDHEEN K.B., AGED 48 YEARS S/O.BAPPUKUTTY, KEEDATHUKUDIYIL HOUSE, MUDICKAL P.O., PERUMBAVOOR, ERNAKULAM- 683547.
BY ADV. MOHAMMED SABAH P
RESPONDENTS:
1 REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, PERUMBAVOOR- 683545.
W.P.(C)No.28823 of 2018
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REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKANADU -682030.
(CAUSE TITLE CORRECTED AS PER ORDER DATED 09/11/2018 IN I.A.02/2018)
3 STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION-683545.
ADDL.4PERUMBAVOOR MUNICIPALITY PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN683542, REPRESENTED BY ITS SECRETARY. (ADDL.R4 IMPLEADED AS PER ORDER DATED 26/11/2018 IN IA.03/2018)
SR. GP. SRI. K.P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioners, who are holding Exts.P1(a) to P1(d) contract carriage permits in respect of their autorickshaws whereby they are permitted to ply
their vehicles in all fit roads in Ernakulam District, subject to the condition that they shall not park or pick up passengers from within the city, with parking place allotted in the respective permits, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to
receive and consider Exts.P2(a) to P2(d) applications for variation of permits submitted by the petitioners. The petitioners have also sought for a writ of mandamus commanding the 3rd respondent not to take any action against the petitioners for having parked the autorickshaws in any stand or for picking up passengers from any location within the
W.P.(C)No.28823 of 2018
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limits of the 2nd respondent.
Perumbavoor Municipality in the party array. By the order dated 26.11.2018 in I.A.No.3/2018 filed by
the petitioners, Perumbavoor Municipality was impleaded as additional 4th respondent.
up for consideration, this Court passed the following order;
“The learned Senior Government Pleader, on instructions from the 1st respondent Regional Transport Officer would submit that the said respondent is yet to receive a copy of Ext.P2 series of applications stated to have been filed by the petitioners.
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consideration, the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to move proper applications before the 2nd respondent and pursue the same in accordance with law.
In such circumstances, recording the above submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioners.
All pending interlocutory applications are
closed.
Sd/- ANIL K.NARENDRAN JUDGE
ami/12.12.18
NAJEEB V.B
SHIBU
SUBAIR
SHAMSUDHEEN K.B.
REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, PERUMBAVOOR
REGIONAL TRANSPORT AUTHORITY, PERUMBAVOOR
ANIL K.NARENDRAN
As recorded by the court registry
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