Jaison K.L. v. Regional Transport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 PETITIONER(S) :

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1. JAISON K.L., AGED 41 YEARS, S/O.K.C.LAZAR, KAREPARAMBAN HOUSE, ST. JOHNS STREET, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

2. THOMAS, AGED 47 YEARS, S/O.ANNAMKUTTY, CHAZHOORPUZHAKKAL HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

3. VIBIN VARGHESE, AGED 27 YEARS, S/O.VERGHESE ANTONY, ELUVATHINGAL HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

4. JOY, AGED 45 YEARS, S/O.KOCHAPPAN, KUTTIKADAN HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

5. K.O.JOSE, AGED 60 YEARS, S/O.OUSEP, 31/1065 KANJAOOKARAN HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

6. VIPINKUMAR P.S., AGED 49 YEARS, S/O.SURENDRAN, PUVATHOOR HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

7. SANTHOSH KUMAR, AGED 47 YEARS, S/O.BALAN, 1/370 PULIKETHARA HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

8. BABY, AGED 42 YEARS, S/O.VENU, 10/472, KAKANADAN HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

9. FRANCIS, AGED 40 YEARS, S/O.VERGHESE, 10/790 CHAMANNAM HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026. ..2/-

..2..

10. SHAJI K.O, AGED 48 YEARS, S/O.OUSEP, 15/587, THARAYYILKALLUTTUZHY HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

11. SIJO.J.THATTIL, AGED 38 YEARS, S/O.JOSE T.V, THATTIL HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

12. SUDHEERBABU N.S, AGED 42 YEARS, S/O.SHIVADASAN, NELLIPARAMBIL HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

13. VINEESH VARGHESE, AGED 47 YEARS, S/O.VERGHSE K.V, KOMBAN HOUSE, KURIYACHIRA TRICHUR.

14. AJEENA, AGED 31 YEARS, W/O.MAJOJ, 15/672 KAINOOR HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026.

15. GEORGE, AGED 50 YEARS, S/O.ITTICHAN, VELUTHUKARAN HOUSE, CHIYYARAM P.O., CHIYYARAM VILLAGE, TRICHUR DISTRICT - 680 026. BY ADVS.SRI.VINAY RAMDAS SRI.P.K.HASSANKUTTY RESPONDENT(S):

---------------------------- THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, AYYANTHOLE TRICHUR - 680 003.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 1ST PETITIONER HEREIN. P2:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 2ND PETITIONER HEREIN. P3:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 3RD PETITIONERS HEREIN. P4:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 4TH PETITIONER HEREIN. P5:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 5TH PETITIONER HEREIN. P6:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 6TH PETITIONER HEREIN. P7:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 7TH PETITIONER HEREIN. P8:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 8TH PETITIONER HEREIN. P9:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 9TH PETITIONER HEREIN. P10:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 10TH PETITIONER HEREIN. P11:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 11TH PETITIONER HEREIN. P12:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 12TH PETITIONER HEREIN. P13:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 13TH PETITIONER HEREIN. P14:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 14TH PETITIONER HEREIN. P15:

CONTRACT CARRIAGE PERMIT GRANTED TO THE 15TH PETITIONER HEREIN. P16:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 1ST PETITIONERS WITH REGARD TO HIS VEHICLE. P17:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 2ND PETITIONER WITH REGARD TO HIS VEHICLE. P18:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 3RD PETITIONER WITH REGARD TO HIS VEHICLE. P19:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 4TH PETITIONER WITH REGARD TO HIS VEHICLE. P20:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 5TH PETITIONER WITH REGARD TO HIS MATTER. P21:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 6TH PETITIONER WITH REGARD TO HIS VEHICLE. P22:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 7TH PETITIONERS WITH REGARD TO HIS VEHICLE.

WP(C).NO. 33688 OF 2014 (I) ---------------------------------------- P23:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 8TH PETITIONER WITH REGARD TO HIS VEHICLE. P24:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 9TH PETITIONER WITH REGARD TO HIS VEHICLE. P25:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 10TH PETITIONER WITH REGARD TO HIS VEHICLE. P26:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 11TH PETITIONER WITH REGARD TO HIS VEHICLE. P27:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 12TH PETITIONER WITH REGARD TO HIS VEHICLE. P28:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 13TH PETITIONER WITH REGARD TO HIS VEHICLE. P29:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 14TH PETITIONER WITH REGARD TO HIS VEHICLE. P30:

APPLICATION FOR VARIATION OF CONDITION SUBMITTED BY THE 15TH PETITIONER WITH REGARD TO HIS VEHICLE. P31:

A TRUE COPY OF THE JUDGMENT W.P.(C).NO.13912 OF 2013 BY THIS HONOURABLE COURT IN A SIMILAR MATTER.

RESPONDENT(S)' EXHIBITS NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.33688 of 2014 - I ====================== Dated this the 7th day of January, 2015

J U D G M E N T

The petitioners are contract carriage permit holders plying their autorikshaws in the Thrissur District. They sought for variation of permits. The grievance of the petitioners are that the said applications are not yet considered by the respondents.

2. This Court has in Rajesh v. Secretary, Regional Transport Authority [2014(3) KLT 341] and connected reported decisions, held that such general orders cannot be passed by the RTA and each application has to be considered individually and a reasoned order passed under Section 80(2) of The Motor Vehicles Act, 1988. In such circumstances, the applications filed by the petitioners shall be considered by the respondents within a period of two months from the date of receipt of a copy of this judgment. Writ petition disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A To Judge.