Quashed

Contract Carriage Operators Association, v. State of Kerala

Kerala HC22 Sept 2020WP(C)/6345/2020

Case brief

AI extract

What is this about?

Multiple writ petitions challenged a State Transport Authority decision to implement uniform colour scheme for contract carriages. The Court found the meeting lacked quorum under Rule 139(2) of Kerala Motor Vehicles Rules as per minutes showing only Chairman and one member present.

What did the court decide?

Decision of meeting held on 09.01.2020 implementing uniform colour scheme to contract carriages is quashed. 4th respondent directed to consider permit application without colour scheme reference.

Contract Carriage Operators Association, Vs State of… — Specific Performance | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶4

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

¶5

WP(C).No.14096 OF 2020(J)

¶6

PETITIONER:

¶7

SANTHAMMA G. AGED 64 YEARS W/O.MOHANAN PILLAI, GEETHALAYAM, VALIYAKUZHI, MUTTOM, CHEPAD, ALAPPUZHA.

¶8

BY ADV. SRI.P.DEEPAK

¶9

RESPONDENTS:

¶10

1 THE STATE TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695 014.

¶11

2 THE SECRETARY, STATE TRANSPORT AUTHORITY, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695 014.

¶12

3 THE TRANSPORT COMISSIONER, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695 014.

¶13

4 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KAYAMKULAM, KAYAMKULAM-690 502.

¶14

BY SPL. GOVT. PLEADER SRI.P.SANTHOSH KUMAR

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6345/2020(P), WP(C).6680/2020(H), WP(C).6823/2020(C), WP(C).7415/2020(B), WP(C).12872/2020(H) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶19

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942 WP(C).No.5799 OF 2020(Y)

¶20

PETITIONER:

¶21

MUHAMMED KUNHI ABBAS AGED 42 YEARS S/O. ABBAS (LATE) MOHAMMED VILLA BEKAL, BEKAL FORT P.O, KASARGOD 671 316 SECRETARY, CONTRACT CARRIAGE OPERATOR ASSOCIATION, KASARGOD

¶22

BY ADVS. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.MAITREYI SACHIDANANDA HEGDE

¶23

RESPONDENTS:

¶24

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF MOTOR VEHICLES, SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶25

2 THE TRANSPORT COMMISSIONER, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZHUTHACAD, THIRUVANANTHAPURAM 695 001

¶26

3 REGIONAL TRANSPORT OFFICER, KASARAGOD 671 121

¶27

4 JOINT REGIONAL TRANSPORT OFFICER, HOSDURG, KANHANGAD 671 315

¶28

5 CHAIRMAN, THE STATE TRANSPORT AUTHORITY, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZHUTHACAD, THIRUVANANTHAPURAM 695 001

¶29

SPL. GOVT. PLEADER SRI.P.SANTHOSH KUMAR

¶30

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).6345/2020(P), WP(C).6680/2020(H), WP(C).6823/2020(C), WP(C).7415/2020(B), WP(C).12872/2020(H), WP(C).14096/2020(J) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶31

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

¶33

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶34

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942 WP(C).No.6345 OF 2020(P)

¶35

PETITIONER:

¶36

CONTRACT CARRIAGE OPERATORS ASSOCIATION, REPRESENTED BY ITS PRESIDENT BINU JOHN, AGED 48 YEARS, S/O.T.P.JOHN, ANJILIKKAL HOUSE, SOUTH TRIPUNITHURA, THEKKUMBHAGAM P.O., PIN - 682 301.

¶37

BY ADVS. SRI.ALEX.M.SCARIA SMT.SARITHA THOMAS

¶38

RESPONDENTS:

¶39

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MOTOR VEHICLE, SECRETARIATE, GOVERNMENT PRESS P.O., THIRUVANANTHAPURAM, PIN - 695 001.

¶40

2 THE TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT, TRANS TOWER, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM - 695 003.

¶41

SPL. GOVT. PLEADER SRI.P.SANTHOSH KUMAR

¶42

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6680/2020(H), WP(C).6823/2020(C), WP(C).7415/2020(B), WP(C).12872/2020(H), WP(C).14096/2020(J) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶46

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

¶47

WP(C).No.6680 OF 2020(H)

¶48

PETITIONER:

¶49

SURYA LALJITH AGED 40 YEARS W/O. LALJITH, VALIYATHARAYIL HOUSE, THAZHAVA, MANAPPALLY NORTH P.O., KARUNAGAPALLY, KOLLAM DISTRICT, PIN-690 574.

¶50

BY ADVS. SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN

¶51

RESPONDENTS:

¶52

1 STATE OF KERALA REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001.

¶53

2 THE STATE TRANSPORT AUTHORITY

¶54

TRANSPORT BHAVAN, TRANS TOWER, VAZHUTHAKKAD, REPRESENTED BY ITS SECRETARY, PIN-695 014.

¶55

3 TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, TRANSPORT BHAVAN, TRANS TOWER, VAZHUTHAKAD, THIRUVANANTHAPURAM-695 014.

¶56

4 THE ROAD TRANSPORT AUTHORITY KARUNAGAPPALLY, PIN-690 518.

¶57

5 JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, KARUNAGAPALLY, PIN-690 518.

¶58

SPL. GOVT. PLEADER SRI.P.SANTHOSH KUMAR

¶59

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6345/2020(P), WP(C).6823/2020(C), WP(C).7415/2020(B), WP(C).12872/2020(H), WP(C).14096/2020(J) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶60

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶61

PRESENT

¶62

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶63

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

¶64

WP(C).No.6823 OF 2020(C)

¶65

PETITIONER:

¶66

NITHIN N.NAIR AGED 28 YEARS S/O.NARAYANA PILLAI, V.K.NIVAS, PULAMON P.O., KOTTARAKKARA.

¶67

BY ADV. SRI.P.DEEPAK

¶68

RESPONDENTS:

¶69

1 THE STATE TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695 014.

¶70

2 THE SECRETARY, STATE TRANSPORT AUTHORITY, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695 014.

¶71

3 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KOTTARAKKARA, KOLLAM-691 506.

¶72

SPL. GOVT. PLEADER SRI.P.SANTHOSH KUMAR

¶73

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6345/2020(P), WP(C).6680/2020(H), WP(C).7415/2020(B), WP(C).12872/2020(H), WP(C).14096/2020(J) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶74

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶75

PRESENT

¶76

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶77

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

¶78

WP(C).No.7415 OF 2020(B)

¶79

PETITIONER:

¶80

SARATH P.S S/O.SHAJI.P.V., PADATHUPARAMBIL, SAHAR ROAD, EROOR SOUTH.P.O., NADAMA, ERNAKULAM-682306.

¶81

BY ADVS. SRI.A.S.DHEERAJ SRI.P.V.JEEVESH SRI.U.JAYAKRISHNAN

¶82

RESPONDENTS:

¶83

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MOTOR VEHICLE, SECRETARIAT, GOVERNMENT PRESS.P.O., THIRUVANANTHAPURAM, PIN-695001.

¶84

2 THE TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT, TRANS TOWER, VAZHUTHACAUD.P.O., THIRUVANANTHAPURAM-695003.

¶85

3 THE JOINT ROAD TRANSPORT OFFICER, PERUMBAVOOR, ERNAKULAM, PIN-683842.

¶86

SPL. GOVT. PLEADER SRI.P.SANTHOSH KUMAR

¶87

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6345/2020(P), WP(C).6680/2020(H), WP(C).6823/2020(C), WP(C).12872/2020(H), WP(C).14096/2020(J) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶88

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶89

PRESENT

¶90

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶91

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

¶92

WP(C).No.12872 OF 2020(H)

¶93

PETITIONERS:

¶94

1 ANISH ALEX MUTHALALL, PLAMMITTATHU, PARINGANADU (PART), ADOOR, PATHANAMTHITTA.

¶95

2 JIJESH V.G., VADASSERY HOUSE, LOKAMALESHWARAM, KODUNGALLUR, THRISSUR.

¶96

3 DEEPU V. NATH, DEEPU BHAVAN, MUNDUKOTTACKAL P.O., PATHANAMTHITTA.

¶97

4 JAYA S. PILLAI, PARAMESHWARATH HOUSE, MANTHUKA P.O., KULANADA, PATHANAMTHITTA.

¶98

5 IBRAHIMKUTTY K.A., KIZHAKKETHIL HOUSE, MARATHEMCODE, CHIRAMANENGADE P.O.

¶99

6 SHEEBA M.N., KOTTEPPATTU HOUSE, POOTHOLE, THRISSUR.

¶100

7 MARDONA, 33 YEARS, S/O. ANTONY, THEKKINEDATH HOUSE, MATHILAKAM P.O., THRISSUR.

¶101

8 GIREESH MOHAN PILLAI, GEETHALAYAM, MUTTAM P.O., CHEPPAD, HARIPAD, ALAPPUZHA.

¶102

9 SANTHAMMA, GEETHALAYAM, MUTTAM P.O., CHEPPAD, HARIPAD, ALAPPUZHA.

¶103

10 USAFF F., KUNNUMPURATHU VEEDU, KIZHAKKANELA P.O., PARIPPILLY, KOLLAM.

¶104

11 JERIN THOMAS NINAN, PUTHENPURAYIL, NEDUMON P.O., EZHAMKULAM, ADOOR.

¶105

WP(C).No.12872 OF 2020(H) -2-

¶106

12 MANOJ M., 24/171, RAMYAM, PANDARAKKAVU EAST, YAKKARA, PALAKKAD.

¶107

13 NITHIN NAIR , V.K. NIVAS, PULAMON P.O., KOTTARAKKARA, KOLLAM.

¶108

14 SHAJI B., SHIJU BHAVAN, KURIVIYODE, PUNALAL P.O., NEDUMANGADU, THIRUVANANTHAPURAM.

¶109

15 JAYASREE S., SHANTHA BHAVAN, ALCKAD SOUTH, KODUMON P.O., ADOOR.

¶110

16 SHIJU VARGHESE, THACHIRATHU HOUSE, KANNAMKODE, ADOOR, PATHANAMTHITTA.

¶111

17 ABHIJITH S. NAIR, MELEMADAM, EZHAMKULAM P.O., ADOOR.

¶112

18 SHAMEER KHAN B.,

¶113

THUNDIL PUTHEN VEEDU, THAMARAKULAM, MAVELIKKARA.

¶114

BY ADV. SRI.P.DEEPAK

¶115

RESPONDENTS:

¶116

1 THE STATE TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695014.

¶117

2 THE SECRETARY, STATE TRASNPORT AUTHORITY, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695014.

¶118

3 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695014.

¶119

4 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PATHANAMTHITTA-689645.

¶120

5 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, THRISSUR-680003.

¶121

6 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, KOLLAM-695013.

¶122

7 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, ALAPPUZHA-688001.

¶123

WP(C).No.12872 OF 2020(H) -3-

¶124

8 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PALAKKAD-678002.

¶125

BY SPL. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR

¶126

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6345/2020(P), WP(C).6680/2020(H), WP(C).6823/2020(C), WP(C).7415/2020(B), WP(C).14096/2020(J) AND WP(C).14302/2020(K), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶127

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶128

PRESENT

¶129

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶130

TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

¶131

WP(C).No.14302 OF 2020(K)

¶132

PETITIONERS:

¶133

1 MADHUKUMAR.B S/O.BALAKRISHNAN NAIR, SAI MADHAVAN, MAMBALIKUNNAM, CHATHANNOOR P.O., KOLLAM, (REGISTERED OWNER OF CONTRACT CARRIAGE KL-02/BH 7710).

¶134

2 RANJITH RAVINDRAN, S/O.RAVINDRAN, UDAYA, NAVAJYOTHI NAGAR, KADAPAKKADA P.O., KOLLAM, (REGISTERED OWNER OF CONTRACT CARRIAGE KL-02/BF 3535).

¶135

3 ANSARI, S/O.MUHAMMED MUSTHAFA, ANAS COTTAGE, KIZHAKKENELA P.O., PARIPPALLY, KOLLAM, (REGISTERED OWNER OF CONTRACT CARRIAGE KL-02/BL 6768).

¶136

4 GRACYKUTTY, PALLIPARAMBIL, EDAKKADU, PORUVAZHY, KOLLAM, (REGISTERED OWNER OF CONTRACT CARRIAGE KL-02/AR 8989).

¶137

5 MOHAMMED ASHIKA, A.A.MANZIL, KILLY, KOLLODU P.O., KULATHUMMAL (REGISTERED OWNER OF CONTRACT CARRIAGE KL-33/K 5766). BY ADV. SRI.K.V.GOPINATHAN NAIR

¶138

RESPONDENTS:

¶139

1 THE STATE TRANSPORT AUTHORITY KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM, PIN-695039.

¶140

2 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION, ANANDAVALLEESWARAM, KOLLAM-691013.

¶141

3 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KUNNATHOOR, PUTHIYAKAVU BHARANKAVU ROAD, CHAKKUVALLY-690520.

¶142

WP(C).No.14302 OF 2020(K) -2-

¶143

4 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KATTAKADA, LEFT SIDE OF EMPLOYMENT EXCHANGES, KULATHUMMAL-695572.

¶144

SPL. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR

¶145

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH WP(C).5799/2020(Y), WP(C).6345/2020(P), WP(C).6680/2020(H), WP(C).6823/2020(C), WP(C).7415/2020(B), WP(C).12872/2020(H) AND WP(C).14096/2020(J), THE COURT ON 22.09.2020 DELIVERED THE FOLLOWING:

¶146

SATHISH NINAN, J.

¶147

= = = = = = = = = = = = = = = = = = W.P.(C) Nos.6680, 6345, 5799, 14302, 7415, 12872, 14096 & 6823 of 2020

¶148

= = = = = = = = = = = = = = = = = = Dated this the 22^nd day of September, 2020

¶149

JUDGMENT

¶150

The State Transport Authority in its meeting held on 09.01.2020 decided implementation of a uniform colour scheme to all contract carriages in the State. The same is under challenge in these writ petitions mainly on two grounds:-

¶151

(i) Lack of necessary quorum as mandated under Rule 139 of the Kerala Motor Vehicles Rules 1989.

¶152

(ii) The State Transport Authority does not have the power to impose colour scheme for contract carriages.

¶153

Heard the learned counsel for the petitioners and Sri.P.Santhosh Kumar, the learned Government Pleader on behalf of the respondents.

¶154

Section 68 of the Motor Vehicles Act, 1988 provides that the State Transport Authority shall consist of a Chairman and such other members not exceeding four. As per SRO 253/2003, the Joint

¶155

W.P.(C) Nos.6680, 6345, 5799, 14302, 7415, 12872, 14096 & 6823 of 2020

¶156

:- 2 :-

¶157

Transport Commissioner, is one of such members.

¶158

Rule 139(2) of the Kerala Motor Vehicles Rules, 1989 provides for the quorum for a meeting of the State Transport Authority. The rule reads thus:-

¶159

“ 139.(1) Meeting of the State Transport Authority .─ xxxxx

¶160

(2) Quorum.─No business shall be transacted at a meeting of the State Transport Authority unless there be present at such meeting the Chairman and at least two other members except when the Sate Transport Authority is constituted to consist of only one member.”

¶161

Therefore, the presence of the Chairman and

¶162

at least two other members are necessary to constitute quorum for transacting business of the State Transport Authority.

¶163

Copy of the minutes of the meeting of the State Transport Authority held on 09.01.2020, wherein the decision for implementation of Uniform Colour Scheme to contract carriages has been taken, indicates the presence of only the Chairman and one

¶164

W.P.(C) Nos.6680, 6345, 5799, 14302, 7415, 12872, 14096 & 6823 of 2020

¶165

:- 3 :-

¶166

member. It is mentioned therein that the said two persons were present. The proceedings are signed by the two of them. When the Chairman and one member alone were present in the meeting, there is lack of the quorum mandated under Rule 139(2) of the Kerala Motor Vehicles Rules. Therefore, no decisions could have been taken in the said meeting. Though in the counter affidavit filed by the Secretary, State Transport Authority, it is stated that he is also the Joint Transport Commissioner who is a member of the State Transport Authority and that he was also present in the meeting, except for the bare statement in the counter affidavit there is nothing in the minutes indicating his presence in the meeting in question. The presence of a member would generally be indicated by subscribing his signature in the minutes, which is also conspicuously absent in the minutes of the said meeting. On the contrary, the minutes categorically indicate that only the Chairman and one member were present in the meeting.

¶167

W.P.(C) Nos.6680, 6345, 5799, 14302, 7415, 12872, 14096 & 6823 of 2020

¶168

:- 4 :-

¶169

It is pertinent to note that, even in the

¶170

counter affidavit there is no case for the respondents that there has been an omission in the copy of the minutes issued and that the original minutes indicate the presence and signature of the Joint Transport Commissioner as a member. In view of the above, it could only be found that, only the Chairman and a member were present in the meeting of the State Transport Authority held on 09.01.2020 and that the meeting lacked the required quorum as mandated under Rule 139(2) of the Kerala Motor Vehicles Rules 1989. Consequently, the decisions taken in the said meeting have no sanction of law and cannot be implemented.

¶171

In the result, the decision of the meeting of the State Transport Authority held on 09.01.2020 implementing uniform colour code to contract carriages in the State, is quashed. However, this will be without prejudice to the rights of the authority to take fresh steps in accordance with law. As noticed first above, the petitioners

¶172

W.P.(C) Nos.6680, 6345, 5799, 14302, 7415, 12872, 14096 & 6823 of 2020

¶173

:- 5 :-

¶174

challenge the power of the State Transport Authority to take a decision to implement uniform colour scheme to contract carriages in the state. Adjudication on the said issue being not necessary for disposal of these writ petitions, the said contention is left open to be adjudicated in appropriate proceedings, if urged.

¶175

In WP(C) NO.14096/2020, the petitioner had purchased a new vehicle which has been registered pursuant to the judgment of this Court in W.P.(C) No.8846/2020. His application for issuance of permit was not considered for non-compliance with the colour scheme referred to above. The decision of the State Transport Authority taken on 09.01.2020 regarding the colour scheme having been quashed, necessarily the petitioners are entitled to have the application for issuance of permit considered without reference to the colour scheme. I direct the 4^th respondent to consider the same in accordance with law and within a period of four weeks from today. However, in the event of the

¶176

W.P.(C) Nos.6680, 6345, 5799, 14302, 7415, 12872, 14096 & 6823 of 2020

¶177

State Transport Authority taking a subsequent decision for implementation of a Uniform Colour Scheme to contract carriages, the same shall be complied with by the petitioner within a period of three months from the date of such decision, unless otherwise ordered in appropriate proceedings.

¶178

The writ petitions are disposed of as above.

¶179

Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 14096/2020

¶184

PETITIONER'S/S EXHIBITS:

¶185

EXHIBIT P1	A TRUE IN WPC	COPY O NO.884	F THE 6 OF	JUDGMENT DATED 19.03.2020 2020.
EXHIBIT P2	A TRUE RESPOND	COPY ENT DA	OF TED 3	THE PROCEEDINGS OF THE 0.06.2020.
EXHIBIT P3	A TRUE RESPOND ITEM NO	COPY ENT DA .1 (RE	OF TED LEVAN	THE DECISION OF THE 1ST 09.01.2020 IN DEPARTMENT T EXTRACT ONLY).
EXHIBIT P4	A TRUE 17.01.2	COPY 020.	OF	THE COMMUNICATION DATED
EXHIBIT P5	A TRUE 13.03.1	COPY 998 PU	OF BLISH	GO(P)NO.11/98/TRAN DATED ED AS SRO NO.248/98.
EXHIBIT P6	A TRUE RESPOND EXTRACT	COPY ENT ONLY)	OF DATED .	THE DECISION OF THE 1ST 16.01.2019 (RELEVANT
EXHIBIT P7	A TRUE RESPOND EXTRACT	COPY ENT ONLY)	OF DATED .	THE DECISION OF THE 1ST 14.10.2019 (RELEVANT
EXHIBIT P8	A TRUE 18.03.2	COPY 020 OF	OF THE	THE COMMUNICATION DATED 3RD RESPONDENT.

¶186

----

¶187

APPENDIX OF WP(C) 5799/2020

¶188

PETITIONER'S/S EXHIBITS:

¶189

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE OF THE PETITIONER BEARING NO. KL-60 R 1489 EXHIBIT P2 TRUE COPY OF THE ONLINE TAX RECEIPT ISSUED BY THE MOTOR VEHICLE DEPARTMENT EXHIBIT P3 TRUE COPY OF THE HOLD CONTRACT CARRIAGE PERMIT ISSUED BY THE KANHANGAD SRTO EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO. C17/E/112297/2019/TC EXHIBIT P5 TRUE COPY OF THE AGREEMENT DATED 15-07-2017 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 21-12-2018 IN WP(C) NO. 25876 OF 2018

¶190

APPENDIX OF WP(C) 6345/2020

¶191

PETITIONER'S/S EXHIBITS:

¶192

EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.C17/E/112297/2019/TC THE CHAIRMAN OF THE STATE TRANSPORT AUTHORITY WITH TYPED COPY. EXHIBIT P2 THE LIST OF MEMBERS OF THE PETITIONER ORGANISATION AND COURT FEE IN STAMP PAPER RS. 1200/ PAID

¶193

APPENDIX OF WP(C) 6680/2020

¶194

PETITIONER'S/S EXHIBITS:

¶195

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE PERTAINING TO VEHICLE OWNED BY THE APPELLANT. EXHIBIT P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 28.3.2018 ISSUED BY THE REGIONAL TRANSPORT AUTHORITY, KARUNAGAPPALLY. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KARUNAGAPPALLY BEARING ORDER NO.23/15215/2018 DATED 24.3.2018. EXHIBIT P4 THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY DATED 9.1.2020. EXHIBIT P5 TRUE COPYOF COMMUNICATION DATED 17.1.2020 ISSUED FROM THE OFFICE OF THE TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM.

¶196

APPENDIX OF WP(C) 6823/2020

¶197

PETITIONER'S/S EXHIBITS:

¶198

EXHIBIT P1	A TRUE 12.12.2	COPY OF THE TAX INVOICE DATED 019.
EXHIBIT P2	A TRUE 21 DATE	COPY OF THE SALE CERTIFICATE IN FORM D 14.12.2019.
EXHIBIT P3	A TRUE REGISTR	COPY OF THE TEMPORARY CERTIFICATE OF ATION VALID TILL 18.03.2020.
EXHIBIT P4	A TRUE 26.02.2	COPY OF THE TAX INVOICE DATED 020.
EXHIBIT P5	A TRUE REGISTR	COPY OF THE APPLICATION FOR PERMANENT ATION IN FROM 20 FILED ON 27.02.2020.
EXHIBIT P6	A TRUE 27.02.2	COPY OF THE CASH RECEIPT DATED 020.
EXHIBIT P7	A TRUE RESPOND EXTRACT	COPY OF THE DECISION OF THE 1ST ENT DATED 09./01.2020 (RELEVANT ONLY).
EXHIBIT P8	PHOTOGR CARRIAG	APH OF THE PETITIONERS CONTRACT E.
EXHIBIT P9	A TRUE ISSUED	COPY OF THE AMORTIZATION SCHEDULE BY THE ICICI BANK.
EXHIBIT P10	A TRUE HINDU D	COPY OF THE ONLINE NEWS REPORT IN AILY DATED 25.02.2020.

¶199

APPENDIX OF WP(C) 7415/2020

¶200

PETITIONER'S/S EXHIBITS:

¶201

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION.

¶202

EXHIBIT P2

¶203

A TRUE COPY OF THE ORDER, DATED 11.2.2020, ISSUED BY THE 3RD RESPONDENT.

¶204

APPENDIX OF WP(C) 12872/2020

¶205

PETITIONER'S/S EXHIBITS:

¶206

EXHIBIT	P1	TABLE CONTAINI	NG	THE REGIS	TRATION
		PARTICULARS OF TH PETITIONERS.	E VEH	ICLES BELONGING	TO THE
EXHIBIT	P2	A TRUE COPY OF 09/06/2020 OF THE AND HIGHWAYS, GOI.	THE MINI	COMMUNICATION STRY OF ROAD TR	DATED ANSPORT
EXHIBIT	P3	A TRUE COPY O	F TH	E PROCEEDINGS	DATED
		09/01/2020 OF DEPARTMENTAL ITEM	THE NO.1	1ST RESPONDE	NT IN
EXHIBIT	P4	A TRUE COPY 17/01/2020 OF COMMISSIONER.	OF TH	COMMUNICATION E SENIOR	DATED DEPUTY
EXHIBIT	P5	A TRUE COPY GO 13/03/1998 PUBLISH	(P) ED A	NO.11/98/TRAN. S SRO NO.248/199	DATED 8.
EXHIBIT	P6	A TRUE COPY OF RESPONDENT IN THE (RELEVANT EXTRACT	THE MEET ONLY	DECISION OF T ING HELD ON 16/ ).	HE 1ST 01/2019
EXHIBIT	P7	A TRUE COPY OF RESPONDENT IN THE (RELEVANT EXTRACT	THE MEET ONLY	DECISION OF T ING HELD ON 14/ ).	HE 1ST 10/2019
EXHIBIT	P8	A TRUE COPY OF 18/03/2020 OF THE	THE 3RD	COMMUNICATION RESPONDENT.	DATED
RESPONDE	NT'S/S EXH	IBITS:
EXHIBIT	R2 A	TRUE COPY OF 14.1.2002	GO(p)	NP-3/2 TRAN	S.DATED
EXHIBIT	R2 B	TRUE COPY OF G 17.3.2003	O(P)	NO-10/03/TRANS	DATED

¶207

APPENDIX OF WP(C) 14302/2020

¶208

PETITIONER'S/S EXHIBITS:

¶209

EXHIBIT P1 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-02/BH 7710. EXHIBIT P2 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-02/BL 6768. EXHIBIT P3 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-02/BL 6768. EXHIBIT P4 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-02/AR 8989. EXHIBIT P5 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-33/K 5766. EXHIBIT P6 TRUE COPY OF THE PERMIT IN RESPECT OF 1ST PETITIONER'S VEHICLE KL-02/BH 7710. EXHIBIT P7 TRUE COPY OF THE PERMIT IN RESPECT OF 2ND PETITIONER'S VEHICLE KL-02/BF 6768. EXHIBIT P8 TRUE COPY OF THE PERMIT IN RESPECT OF 3RD PETITIONER'S VEHICLE KL-02/BL 6768. EXHIBIT P9 TRUE COPY OF THE PERMIT IN RESPECT OF 4TH PETITIONER'S VEHICLE KL-02/AR 8989. EXHIBIT P10 TRUE COPY OF THE PERMIT IN RESPECT OF 5TH PETITIONER'S VEHICLE KL-33/K 5766. EXHIBIT P11 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 09.01.2020.

Contract Carriage Operators Association, v. State of Kerala

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Contract Carriage Operators Association, v. State of Kerala

Case brief

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