IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 32042 of 2010(E) -------------------------- PETITIONER(S): --------------- MATHAI E.D., EDAKKATTU HOUSE, NILAMBUR R.S., RAMANKUTH P.O., MALAPPURAM DISTRICT, PIN-679 330. BY ADV. SRI.R.SUDHEESHKUMAR SRI.SUNIL KUMAR A.G RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE 1, THRISSUR-18. 3. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, MALAPPURAM, PIN-676 505. 4. THE DISTRICT COLLECTOR, MALAPPURAM CIVIL STATION, R.T.A.CHAIRMAN, MALAPPURAM, PIN-676 505. 5. NILAMBUR GRAMA PANCHAYAT, NILAMBUR, PIN-679 329, REPRESENTED BY ITS SECRETARY. 6. SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION, NILAMBUR, PIN-679 329 GOVERNMENT PLEADER SRI.BASANT BALAJI-R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.32042 OF 2010 -------------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT The petitioner is an autorikshaw driver by profession. He has filed this Writ Petition mainly with the following prayers:- a) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2nd and 3rd respondents to conduct a detailed enquiry on the basis of Exts.P2, P8, P9 and P10 representations and to cancel the permits of those vehicles which violates the permit conditions. b) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 6th respondent to find out the vehicles which are having permits showing halting place as Mukkatta R.S and Ranankuttu plying and halting at Nilambur town, and to take appropriate action against them. 2. Admittedly, the petitioner has also taken up autorickshaw driving as his avocation. In fact, his grievance is against issuance of fresh permits. The petitioner cannot raise any objection with respect to the granting of permits for autorickshaws or for any other motor vehicle in accordance with the provisions under the Kerala Motor Vehicles Act and the Rules. In short, the petitioner cannot claim any legal right for seeking W.P.(C) NO.32042/2010 2 for a direction to prohibit the respondents from granting fresh permits in Nilambur Grama Panchayat. It is up to the authorities concerned to decide in accordance with the provisions under Kerala Motor Vehicles Act and the Rules whether fresh permits need be issued. Merely because granting of fresh permits in a particular locality would adversely affect him and reduce his income or would create congestion for parking would not confer any such right on the petitioner to seek the reliefs sought for in this Writ Petition. Therefore, the petitioner is not entitled to the first relief sought for in this Writ Petition. Relief No.(b) sought for reads thus: “Issue a writ of mandamus or any other appropriate writ, direction or order directing the 6th respondent to find out the vehicles which are having permits showing halting place as Mukkatta R.S and Ranankuttu plying and halting at Nilambur town, and to take appropriate action against them.” There cannot be any dispute with respect to the position that all the permit holders of motor vehicles, irrespective of the type of vehicles, are duty bound to strictly adhere to the permit conditions. If there is any violation of the permit conditions, the respondents are duty bound to take appropriate action for violation of the permit conditions in accordance with the provision under the Motor Vehicles Act and the Rules against those who commits violation of the permit conditions. In other words, the respondent authorities are duty bound to ensure compliance with W.P.(C) NO.32042/2010 3 conditions of permit by the permit holders and to take appropriate action against wrong doers. Subject to the above observations, this Writ Petition is disposed of. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.32042/2010 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010