Sujith vs the State of Kerala

Sujith vs The State of Kerala

Type Court Judgment Court Kerala Decided Apr 27, 2021

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https://sooperkanoon.com/case/1634879

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Citation: sooperkanoon.com/1634879
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Apr 27, 2021
Case Number: WP(C)/10427/2021

Parties & Advocates

Appellant / Petitioner

Sujith

Respondent

The State of Kerala

Excerpt

.....could operate without obtaining any separate permit, it is pleaded that there exists a practice of alloting numbers called bonnet numbers as cc number/lpg number, which is alloted by the regional transport officer for enabling smooth operation of the autorickshaws.3. it is submitted by the learned counsel for the petitioners thatpersons similarly situated as the petitioners had already approached this court and by judgment in w.p.(c)no.7933 of 2021, this court had directed the 3rd respondent to consider the application of those persons and pass orders. it is also submitted that the petitioners are similarly situated as those in the above mentioned writ petition.4. after considering the aforesaid submissions, i am of the view that the limited prayer sought for by the petitioners can be granted. accordingly, this writ petition is disposed of directing the 3 rdrespondent to consider ext.p3 application and pass appropriate orders after giving reasonable opportunity of being heard to the petitioners or their representatives and after perusing the reports, if any, called for from the office of the district collector and the commissioner of police within a period of six weeks from the date of production of a copy of thisjudgment.sd/- bechu kurian thomas judge vpv appendix petitioners' exhibits: exhibit p1 true copy of the letter of the transport commissioner dated 02.08.2019. exhibit p2 true copy of the letter of the 3rd respondent addressed to hon'ble chief minister dated 17.08.2020. exhibit p3 true copy of the representation submitted by the petitioner dated 09.04.2021. exhibit p4 true copy of the judgment in wp(c) /true copy/ p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 WP(C).No.10427 OF 2021(C) PETITIONERS:
1 SUJITH S/O. DEVAYANI, CHEMBRA HOUSE, WEST BAZAR, NALLALAM P. O., KOZHIKODE, PIN - 673 027, (REGISTERED OWNER OF KL-85/3095) 2 GIREESAN E. CHOLAYIL HOUSE, CHERUKULATHOOR P. O., PERUVAYAL (CT), KOZHIKODE, PIN - 673 008, (REGISTERED OWNER OF KL-11/BT 6454) 3 ABDUL RAFEEQUE N. P. KOMMERI P. O., KOZHIKODE, PIN - 673 007, (REGISTERED OWNER OF KL-11/ BU 0336) 4 MUHAMMED ASHARAF K. SHEREEFA MANZIL, KALARIPARAMBU, NALLALAM P.O., AREAKKAD, KOZHIKODE, PIN - 673 027, (REGISTERED OWNER OF KL-85/1971) 5 THOMAS PUNTHALNGAL, THAZHEPERULY, CHERUKULATTOR, PERUVAYAL, KOZHIKODE, PIN - 673 008, (REGISTERED OWNER OF KL-11/BU 1447) 6 DILEESH N. VADAKE THADAPARAMBATH, NELLICODE P. O., KUTHIRAVATTOM, KOZHIKODE, PIN - 673 016. (REGISTERED OWNER OF KL-11/BT 9332) 7 MUHAMMED KABEER A. PARAPPIL P. O., KOZHIKODE, PIN - 673 001, (REGISTERED OWNER OF KL-11/BT 9894) 8 AROON BHANU K. HOUSE NO.3/1316, KIZHAKKETHARU VALIYATHODI, NADAKKAVU P. O., KACHERI, KOZHIKODE, PIN - 673 011, (REGISTERED OWNER OF KL-11/ BU1844)
9 SHIHABUDHEEN PATTERTHODI, PAYYANAKKAL, KALLAI P.O., PUNNIYANKARA, KOZHIKODE, PIN - 673 003, (REGISTERED OWNER OF KL-11/BU 1560) 10 SIDDIQUE K. BADURIYA HOUSE, THAZHATHEDETH VELLIPARAMBU, KOZHIKODE, PIN - 673 008, (REGISTERED OWNER OF KL-11/BU 1301) 11 MUHASHEER MADAKKARA CHAKKUMKADAVU, KOZHIKODE, PIN - 673 003, (REGISTERED OWNER OF KL-11/BU 1570) 12 SAKKEER HUSAIN N. B. S/O. CHERIYABAVA, NALUKUTTI PARAMBU, CHALIAM, KADALUNDI P. O., KOZHIKODE, PIN - 673 302, (REGISTERED OWNER OF KL-85/1486) BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE TRANSPORT COMMISSIONER TRANS TOWERS, VAZHUTHACAUD, THYCAUD P. O., THIRUVANANTHAPURAM - 695 014. 3 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION, ERANHIPALAM, KOZHIKODE - 673 020. GP SRI.MANURAJ K.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 27th day of April, 2021 Electric vehicles have come to stay. Realising that the need of the hour is to have electric vehicles on the roads, an Electric Vehicle Policy has also been prepared by the Government in tune with which several electric vehicles have started rolling out.

2. Petitioners, acting on the basis of the new Policy mentioned as

above, purchased electric autorickshaws as a means of self-employment under financial assistance. After obtaining registration of the vehicles, when petitioners attempted to operate the vehicles from the approved autorickshaw stands, obstructions were caused by other autorickshaws. Eventhough electric autorickshaws could operate without obtaining any separate permit, it is pleaded that there exists a practice of alloting numbers called bonnet numbers as CC Number/LPG Number, which is alloted by the Regional Transport Officer for enabling smooth operation of the autorickshaws.

3. It is submitted by the learned counsel for the petitioners that

persons similarly situated as the petitioners had already approached this Court and by judgment in W.P.(C)No.7933 of 2021, this court had directed the 3rd respondent to consider the application of those persons and pass orders. It is also submitted that the petitioners are similarly situated as those in the above mentioned writ petition.

4. After considering the aforesaid submissions, I am of the view that the limited prayer sought for by the petitioners can be granted. Accordingly, this writ petition is disposed of directing the 3 rd

respondent to consider Ext.P3 application and pass appropriate orders after giving reasonable opportunity of being heard to the petitioners or their representatives and after perusing the reports, if any, called for from the office of the District Collector and the Commissioner of Police within a period of six weeks from the date of production of a copy of this

judgment.

Sd/- Bechu Kurian Thomas Judge vpv APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LETTER OF THE TRANSPORT COMMISSIONER DATED 02.08.2019. EXHIBIT P2 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT ADDRESSED TO HON'BLE CHIEF MINISTER DATED 17.08.2020. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 09.04.2021. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) /true copy/ P.A. to Judge

Same Court & Year Kerala · 2021 Same Parties Sujith vs The State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas