IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR.JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 21ST MAY, 2010 / 31ST VAISAKHA, 1931 WP(C).No. 17077 of 2009(S) -------------------------- PETITIONER(S):- ----------------------- 1. V.A.MARTIN AGED 45 YEARS,S/O.V.V.ANTONY VADHYAKULANGARA HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM-18. 2. VINOD V.V. AGED 44 YEARS, S/O.V.N.VIJAYAN ,MANDAKKARA HOUSE, NEAR HPC LTD,ERNKULAM, KOCHI-18. BY ADV. SRI. PRAVEEN HARIHARAN RESPONDENT(S):- ------------------------ 1. ASSISTANT COMMISSIONER OF POLICE, CITY TRAFFIC (WEST) POLICE STATION, KOCHI CITY. 2. CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC (WEST) POLICE STATION, KOCHI CITY. 3. REGIONAL TRANSPORT AUTHORITY, COLLECTORATE, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 4. THE STATION MASTER, ERNAKULAM TOWN NORTH RAILWAY STATION,ERNKULAM -18. 5. THE SENIOR DIVISION COMMERCIAL MANAGER, DIVISION OFFICE, COMMERCIAL BRANCH, THIRUVANANTHAPURAM. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R4 & R5 GOVERNMENT PLEADER SHRI.LAKSHMINARAYANAN. SRI.SREEJITH S.NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17077 of 2009(S) APPENDIX PETITIONERS' EXHIBITS;- Ext.P1:- COPY OF THE CART LICENSE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. Ext.P2: COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED IN THE NAME OF THE 1ST PETITIONER BY THE 3RD RESPONDENT. Ext.P3: COPY OF THE CART LICENCE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE 2ND PETITIONER. Ext.P4: COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED IN THE NAME OF THE 2ND PETITIONER BY THE 3RD RESPONDENT. Ext.P5: COPY OF THE APPLICATION DTD.26.3.09 MADE BY THE 1ST PETITIONER. Ext.P6: COPY OF THE APPLICATION DTD.26.3.09 MADE BY THE 2ND PETITIONER. Ext.P7: COPY OF THE JUDGMENT DTD.31.3.09 PASSED IN WP(C)10486/09. Ext.P8: COPY OF FARE CHART ISSUED BY THE 2ND RESPONDENT. Ext.P9: COPY OF FARE CHART ISSUED BY THE MOTOR VEHICLES DEPARTMENT FOR AUTORIKSHAWS. Ext.P10: COPY OF COMPARATIVE CHART SHOWING CERTAIN INSTANCES OF DIFFERENCE IN FARES BETWEEN THE PREPAID FARES AND REGULAR FARES. Ext.P11: COPY OF BANK STATEMENT DTD.5.3.09 WITH RESPECT TO ACCOUNT NO.12830100258132 MAINTAINED WITH THE FEDERAL BANK. Ext.P12: COPY OF 4 NOS. OF RECEIPTS ISSUED FROM THE PREPAID COUNTER. Ext.P13: COPY OF BANK STATEMENT WITH RESPECT TO ACCOUNT NO. 12830100258132 MAINTAINED WITH FEDERAL BANK, BROADWAY BRANCH FOR THE PERIOD 1/12/08 TO 31/12/08. Ext.P14: COPY OF PHOTOGRAPH SHOWING A CITY PERMIT AUTORIKSHAW PAINTED IN YELLOW. Ext.P15: COPY OF THREE PHOTOGRAPHS OF THE PREPAID COUNTER SITUATED AT THE ERNAKULAM TOWN RAILWAY STATION PREMISES ON 22/7/09. RESPONDENTS' EXHIBITS:- Annexure R5(a): COPY OF THE LETTER NO.V/C.300/VP/ERN DTD.18.12.08 ISSUED BY THE 5TH RESPONDENT. ( TRUE COPY ) PS TO JUDGE. Kvs/- C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.P.(C)No.17077 of 2009 ============================================ Dated this the 21st day of May, 2010. JUDGMENT Ramachandran Nair, J. The prayer in the writ petition is for a direction to the police and motor vehicle authorities not to permit autorickshaws without city permit to pick up passengers within city limits under the pre-paid scheme. The Government has filed a statement denying the allegations and stating that only autorickshaws with city permits will be allowed to operate in the area wherefrom pre-paid autorickshaws are allowed to operate. We take on record the statement furnished by the Government. This writ petition is disposed of directing the respondents to ensure that no autorickshaw without city permit is permitted to operate in the city limit, that is, for taking WPC17077/09 -:2:- passengers under the pre-paid scheme. If there is violation, it is for the petitioner to bring to the notice of the police or motor vehicle authorities to take appropriate action for permit violation. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.