IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 23748 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------ NON-KMC, AUTO RICKSHAW DRIVERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT SULPHIKKAR, S/O.MAMU, AGED 46 YEARS, ARSHIDAS HOUSE, ALIYAYI COTTAGES, KANNUR CITY.P.O., KANNUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SRI.V.A.JOHNSON (VARIKKAPPALLIL). RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REP.BY ITS CHAIRMAN. 2. KANNUR MUNICIPALITY, MUNICIPAL OFFICER, KANNUR, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT COLLECTOR, KANNUR. 4. THE SUPERINTENDENT OF POLICE, KANNUR. R1, R3 & R4 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. R2 BY ADV. SRI.K.K.CHANDRAN PILLAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.23748 of 2010 ------------------------------------------- Dated this the 4th August, 2010 JUDGMENT The petitioner claims to be an unregistered association of autorickshaw drivers represented by its President. According to the petitioner, he is also the driver of an autorickshaw. The permit was granted to him and others on condition that the vehicles should not park or pick up passengers within the limits of the Kannur Municipality. It is submitted that there was an earlier writ petition W.P.(C) No.19410 of 2003 filed by one Swathanthra Autorickshaw Thozhilali Union seeking a direction to the first respondent to prohibit the autorickshaws operating outside the town from entering the town for picking up or setting down passengers. The said writ petition was disposed of directing a consideration of the request. Thereafter, orders were issued limiting the number of autorickshaws within the Municipality to 2500. The petitioner contends that due to the fast development of the town, the passengers are facing difficulties because of wpc No.23748/2010 2 non-availability of sufficient number of autorickshaws within the limits of the the Municipality. The petitioner relies on Ext.P5 communication issued by the Kannur Municipality to the first respondent, highlighting the above difficulty of the passengers. In the above background, the petitioner seeks a direction to the first respondent to grant permission to their members to ply their autorickshaws within the limits of the Kannur Municipality. 2. I have heard the learned Senior Government Pleader Mr.K.C.Santhosh Kumar as well as Mr.K.K.Chandran Pillai who appears for the third respondent Municipality. 3. Since the Municipality has already approached the first respondent by submitting Ext.P5 highlighting the difficulties that are narrated therein, it is sufficient that the first respondent is directed to consider the same expeditiously. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the request of the third respondent highlighted in Ext.P5, if wpc No.23748/2010 3 necessary by placing the same before the Regional Transport Authority of which the first respondent is the Chairman and to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment, considering the approaching festival season. K.SURENDRA MOHAN, JUDGE css/ wpc No.23748/2010 4