High CourtsSINGLE BENCH(2017) 03 KL CK 0067

MUHAMMED ALI K. vs THE REGIONAL TRANSPORT AUTHORITY & ORS.

High Court Of Kerala · Decided on 27 March 2017

HON’BLE JUDGES
P.B.Suresh Kumar
RESULT
Disposed
CASE NUMBER
10360 of 2017 (T)

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Judgment

24 paragraphs · 216 words
1.

The petitioner intends to ply an autorikshaw. For the

said purpose, he has approached the second respondent with

an application for grant of a contract carriage permit. The

grievance of the petitioner in the writ petition is that the

application is not being accepted by the second respondent to

be placed before the first respondent, on the ground that the

Regional Transport Authority has taken a decision to limit

contract carriage permits for operation of autorikshaws.

According to the petitioner, applications for contract carriage

permit cannot be refused to be accepted on that ground. The

petitioner, therefore, seeks appropriate directions in this

regard, in this writ petition.

2.

Heard the learned counsel for the petitioner as

also the learned Government Pleader.

3.

It is now settled that restrictions of the aforesaid

nature can be imposed only by the Government and not by the

Regional Transport Authorities. In the circumstances, the writ

petition is disposed of directing the second respondent to

accept the application, if any, preferred by the petitioner for

grant of contract carriage permit. If the petitioner submits an

application for grant of contract carriage permit within two

weeks from the date of receipt of a copy of the judgment, the

same shall be disposed of by the first respondent, within four

weeks thereafter.