DON TRITTU Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioners, who are the registered owners of Auto-rickshaws covered by Exts.P1 to P5 contract carriage permits, whereby they are permitted to ply their vehicles in all fit roads in Wayanad District, subject to the condition that the vehicles shall not park or pick up passengers from within the city, with halting place of petitioners 1, 2 and 4 at Vengappally and that of petitioners 3 and 5 at Muttil, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Regional Transport Authority to accept and consider their applications to change the halting place to Kalpetta Municipality. The petitioners have also sought for a writ of certiorari to quash Exts.P6 and P7 communications dated 16.06.2018, whereby the requests made by petitioners 1 and 2 for change of halting place, which were originally made before the District Collector, Wayanad, stand rejected by the Secretary of the 1st respondent Regional Transport Authority, stating that, due to lack of sufficient space, applications made by petitioners 1 and 2 for town permits cannot be considered. The petitioners have also sought for a declaration that they are entitled to seek change of halting place as there is no restriction imposed in terms of section 74(3)(a) of the Motor Vehicles Act, 1988.

(2.) On 06.02.2019, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions.

(3.) On 18.02.2019, when this writ petition came up for consideration, this Court allowed I.A.No.1 of 2019 filed by the petitioners seeking an order to accept Exts.P9(a) to P9(e) applications made before the Secretary of the 1st respondent Regional Transport Authority, for variation of conditions of Exts.P1 to P5 contract carriage permits, which are made in the prescribed form, i.e., Form PVA, as additional documents. The learned Senior Government Pleader sought time to get instructions.