IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 30107 of 2010(K) --------------------------------------- PETITIONER(S): --------------------- SWATHANTHRA AUTORICKSHAW THOZHILALI UNION (SATU), AFFILIATED TO H.MS/35/2007, E.P.SMARAKA MANDIRAM, YOGASALA ROAD, KANNUR, REP.BY ITS DISTRICT SECRETARY, N.LAKSHMANAN, S/O. KANNAN. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT AUTHORITY, KANNUR, PIN-670 017. 2. THE DISTRICT COLLECTOR, KANNUR, PIN-670 001. 3. THE SUPERINTENDENT OF POLICE, KANNUR, PIN-670 001. 4. THE STATE OF KERALA, REP. BY SECRETARY TO GOVT., TRANSPORT (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5. THE REGIONAL TRANSPORT AUTHORITY, REP. BY ITS SECRETARY, KANNUR-670 017. R1 TO R5 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, ALONG WITH WP(C) NO. 31001 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOS. 30107 & 31001 OF 2010 -------------------------------------------- Dated this the 11th day of October, 2010 JUDGMENT Essentially, both these Writ Petitions carry the same grievances. Therefore, they were being heard jointly and are being disposed by this common judgment. 2. In W.P.(C).NO.30107/2010, the main prayer is for issuance of a writ of mandamus commanding the Regional Transport Authority to fix town limit in terms of Ext.P1Government Order. The further prayer is for issuance of a declaration to the effect that the Kannur Municipality area will not fall under the purview of Ext.P1 G.O. That apart, it is prayed for issuance of a writ of mandamus commanding the RTO to verify all the KMC permits autorickshaws without insisting for the removal of stickers showing the fare charges in accordance with the decision taken on 15th February, 2010 while considering the issue of introduction of prepaid autorickshaws. In W.P.(C).NO.31001/2010, the main prayer is for issuance of a writ of mandamus commanding the RTO not to exclude the members of the union from verification of KMC permit autorickshaws in W.P.(C) Nos.30107 & 31001/2010 2 terms of the directions issued in Ext.P7 judgment. The further prayer is for issuance of a direction to the RTO to take appropriate action to regularise the charges of autorickshaw fares enabling the public and drivers to collect/pay the charges at the rate fixed by the union. 2. The learned Government Pleader, upon instructions, submitted that the verification of KMC permit autorickshaws would be done in terms of the directions of this Court in W.P.(C).NO.23748/2010 and it is scheduled to be held on 13.10.2010. It is further submitted that in case, the members of the petitioner -Union are issued with KMC permits or possessed the required qualifications prescribed for the said purpose, they would also be permitted to partake in the process of verification. This is recorded. As regards the prayer of the petitioners that they should be given an opportunity to collect the charges fixed by the union, I am afraid such a prayer cannot be granted at all. The petitioners are not authorised in law to take their own decision on such matters. It is for the competent authorities to take decision on such matters, in accordance with law. The petitioner cannot be permitted to perform such duties and functions. The contention that the Kannur Municipality area should be excluded from the purview of Ext.P1 G.O also cannot be sustained as the area of operation has been specifically identified in Ext.P1 G.O. If the concerned authorities W.P.(C) Nos.30107 & 31001/2010 3 find any difficulty to implement the same, it is up to them to seek clarification from the Government on such matters. Subject to the above observations, the Writ Petitions are disposed of. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) Nos.30107 & 31001/2010 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010