Petitioners challenging RTA rejection of halting place change applications sought directions to accept their new applications.
RTA directed to consider applications for variation of halting conditions, collect fees, and pass orders within six weeks with notice to petitioners and Municipality.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY ,THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
WP(C).No. 3531 of 2019
PETITIONERS:
2 VISHWANATHAN,AGED 37 YEARS, S/O MARAN, ODAMBA HOUSE, MANIYANKODE POST, KALPETTA MUTTIL NORTH, WAYANAD DISTRICT.
5 SHYJAL,AGED 39 YEARS,S/O ABDURAHIMAN, MOOCHKKOOTATHIL, EMILY, KALPETTA POST, WAYANAD DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT OFFICE, KALPETTA, WAYANAD, REPRESENTED BY ITS SECRETARY, PIN - 673 121.
2 THE KALPETTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KALPETTA POST, WAYANAD DISTRICT, PIN - 673 121.
BY SRI HARISH K.P.,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners, who are the registered owners of Autorickshaws covered by Exts.P1 to P5 contract carriage permits, whereby they are permitted to ply their vehicles in all fit roads in Wayanad District, subject to the condition that the vehicles shall not park or pick up passengers from within the city, with halting place of petitioners 1, 2 and 4 at Vengappally and that of petitioners 3 and 5 at Muttil, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Regional Transport Authority to accept and consider their applications to change the halting place to Kalpetta Municipality. The petitioners have also sought for a writ of certiorari to quash Exts.P6 and P7 communications dated 16.06.2018, whereby the requests made by petitioners 1 and 2 for change of halting place, which were originally made before the District Collector,
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Wayanad, stand rejected by the Secretary of the 1st respondent Regional Transport Authority, stating that, due to lack of sufficient space, applications made by petitioners 1 and 2 for town permits cannot be considered. The petitioners have also sought for a declaration that they are entitled to seek change of halting place as there is no restriction imposed in terms of Section 74(3)(a) of the Motor Vehicles Act, 1988.
for admission, the learned Senior Government Pleader sought time to get instructions.
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documents. The learned Senior Government Pleader
sought time to get instructions.
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already been sent by registered post to the Secretary of the 1st respondent Regional Transport Authority. The learned counsel would also submit that the petitioners are prepared to remit the requisite fee for consideration of Exts.P9(a) to P9(e) applications.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions;
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i) If the Secretary of the 1st respondent Regional Transport had already received Exts.P9(a) to P9(e) applications made by the petitioners seeking variation of the conditions of Exts.P1 to P5 contract carriage permits, regarding halting places, and if those applications are in order, he shall permit the petitioners to remit the requisite fee, within ten days from the date of receipt of a certified copy of this judgment.
ii) Thereafter, the Secretary of the Regional Transport Authority shall forward those applications to the 1st respondent Regional Transport Authority for consideration, which shall consider the same and pass appropriate orders thereon, strictly in accordance with law, with notice to the petitioners and also to the 2nd respondent Secretary of the Municipality.
iii) Necessary orders in this regard shall be passed, as expeditiously as possible, at any
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rate, within a period of six weeks, untrammeled by the observations in Exts.P6
and P7 communications.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/6/3
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 | TRUE COPY OF THE PERMIT ISSUED BY THE 1ST PETITION |
CONTRACT CARRIAGE THE RTA, WAYANAD TO ER DATED 17-10-2018. |
|---|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF THE PERMIT ISSUED BY THE 2ND PETITION |
CONTRACT CARRIAGE THE RTA, WAYANAD TO ER DATED 17-4-2018. |
| EXHIBIT | P3 | TRUE COPY OF THE PERMIT ISSUED BY THE 3RD PETITION |
CONTRACT CARRIAGE THE RTA, WAYANAD TO ER DATED 4-2-2017. |
| EXHIBIT | P4 | TRUE COPY OF THE PERMIT ISSUED BY THE 4TH PETITION |
CONTRACT CARRIAGE THE RTA, WAYANAD TO ER DATED 1-10-2018. |
| EXHIBIT | P5 | TRUE COPY OF THE PERMIT ISSUED BY THE 4TH PETITION |
CONTRACT CARRIAGE THE RTA, WAYANAD TO ER DATED 15-9-2018. |
| EXHIBIT | P6 | TRUE COPY OF THE 1ST PETITIONER F RESPONDENT DATED |
REPLY RECEIVED BY ROM THE 1ST 16-6-2018. |
| EXHIBIT | P7 | TRUE COPY OF THE 2ND PETITIONER F RESPONDENT DATED |
REPLY RECEIVED BY ROM THE 1ST 16-6-2018. |
| EXHIBIT | P8 | TRUE COPY OF THE BY THE PUBLIC IN REGIONAL TRANSPO DT, 22-10-18 |
COMMUNICATION ISSUED FORMATION OFFICER OF RT OFFICE, WAYANAD |
| EXHIBIT P9(e) |
P9(a) TO | TRUE COPIES OF T SUBMITTED BY THE WITH ITS POSTAL |
HE APPLICATIONS PETITIONERS ALONG RECEIPT |
3 issues framed by the court
Whether the Regional Transport Authority must consider applications for variation of halting conditions for contract carriage permits
Whether permit holders can seek change of halting place under the Motor Vehicles Act, 1988
Whether the impugned communications rejecting applications were issued without notice to petitioners
2 provisions across 2 enactments
Don Trittut
Vishwanathan
Chekku
Subhash.K
Shyjal
Regional Transport Authority
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
