AI Structured Summary
Not yet generated for this judgment
Judgment
Dinesh Kumar Singh, J
The petitioner has filed the present writ petition under Article 226 of the Constitution of India for the following prayers:
“(i) A writ of mandamus or any other appropriate writ or order directing the respondents to grant City Permit to the CNG Auto-Rickshaws of petitioners, within a time frame as fixed by this Hon'ble Court.
(ii) A writ declaring that not granting City Permit to the CNG Auto-Rickshaws of petitioners, in the peculiar facts and circumstance of the present case, amounts to violation of principles of natural justice and Article 19(1)(g) of the Constitution.
(iii) A writ of mandamus or any other appropriate writ or order directing the respondents to seriously consider the factual aspects which led to purchase new CNG Auto-Rickshaw by the petitioners and to take an appropriate decision in the light of the fact that petitioners have already purchased a CNG Auto-Rickshaw; as early as possible or within a time frame as fixed by this Hon'ble Court.
(iv) This Hon'ble Court may be pleased to dispense with the translation of the documents produced in vernacular language.
(v) Any other appropriate writ order or direction as the Hon'ble Court may be pleased to grant in the circumstances of the case.
(vi) To dispense the above Writ Petition along with English translation of Malayalam documents.”
Vide judgment dated 17.10.2023 in W.P.(C) No.34309/2023 similar matter has been considered. The said judgment considered the stand of the Government Pleader and dismissed the writ petition. The relevant portion reads thus:
“3. The Learned Government Pleader submits that the State Government vide the GOP No.41/2018/Tran. has fixed the limit/number of auto-rickshaws for which the permit can be granted for parking in three municipal corporations i.e., Thiruvananthapuram, Kozhikode and Kochin. It is submitted that as per the said Government Order, only three thousand auto rickshaws are allowed to be issued permit for parking. Out of the three thousand mentioned above, two thousand are electric auto rickshaws and one thousand CNG, LPG and LNG. It is submitted that the one thousand CNG, LPG and LNG limit has already exhausted for the city of Kozhikode and therefore no scope of accommodating any other autorickshaw for parking within the city limits of Kozhikode. Since the limit is already exhausted, there is no question of entertaining any application or fee.
xxx xxx xxx
In the above circumstances, I find no error in not accepting the applications, when the limits fixed by the State Government has already got exhausted. Therefore, no direction as sought for by the petitioner can be granted. I find this writ petition is devoid of any merits and the same is hereby dismissed.”
The instant writ petition stands dismissed on the same lines.