High Court Kerala High Court

Lenin vs State Of Kerala Represented By … on 26 March, 2010

Kerala High Court
Lenin vs State Of Kerala Represented By … on 26 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10362 of 2010(U)


1. LENIN, AGED 31, S/O.SASI, UNION LEADER
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY SECRETARY
                       ...       Respondent

2. THE SECRETARY, REGIONAL TRANSPORT

3. BINOJ, S/O.SREENIVASAN, KUDILIL HOUSE,

                For Petitioner  :SRI.B.RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :26/03/2010

 O R D E R
                      K.SURENDRA MOHAN, J
                       ...........................................
                     WP(C).NO. 10362                  OF 2010
                       ............................................
        DATED THIS THE 26TH DAY OF MARCH, 2010

                                  JUDGMENT

The petitioner has filed this writ petition challenging the grant of

a contract carriage permit to the third respondent. Earlier, the third

respondent had applied for the grant of a permit for operating his

autorickshaw at Naluvazhy Junction, North Paravur. But, the same

was objected to by the second respondent on the ground that there was

no parking place at the said junction. The rejection of his application

was challenged by the third respondent before the STAT by filing an

appeal against the same. During the pendency of the appeal, second

respondent filed an affidavit expressing his willingness to operate the

service from the South Naluvazhy Junction, North Paravur. On the

basis of the affidavit, the appeal was disposed of directing the second

respondent to consider the request of the third respondent to operate his

autorickshaw from South Naluvazhy Junction. It is contended by the

petitioner that the second respondent has issued the permit to the third

respondent to operate his service from South Naluvazhy without

Wpc 10362/2010 2

conducting any proper enquiry. Therefore, he challenged the grant of

permit to the third respondent before the STAT in Ext.P2 revision

petition. However, the revision petition has been dismissed by the

STAT by Ext.P3 order. Ext.P3 is under challenge in this writ petition.

According to the counsel for the petitioner, though the petitioner has

been described as a union leader by the authorities, he is also an

autorickshaw driver who is plying his autorickshaw from the South

Naluvazhy Junction. Therefore, according to the petitioner, his rights

are also affected by the grant of a permit to the third respondent.

2. As rightly found by the STAT in Ext.P3, the petitioner being a

leader of the trade union, has no locus standi to challenge the grant of

permit to the third respondent. As a competing permit holder also, he

does not have a right to challenge the permit that has been granted to

the third respondent. I notice that in Ext.P3, the petitioner has described

himself as ` Union leader, C.I.T.U Autorickshaw Stand,

Thekkenaluvazhi, N.Parur, rep, by Lenin, S/o.Sasi, Union leader,

Ayyepadath(H), Nadyattukunnam, North Parur. This writ petition has

also been filed in the said capacity only. No material or evidence has

Wpc 10362/2010 3

been placed before me to warrant a conclusion that any prejudice has

been caused to the petitioner by the grant of an autorickshaw permit to

the third respondent. In view of the above, I do not find any ground to

interfere with the order of the STAT, evidenced herein by Ext.P3. The

writ petition fails and is accordingly dismissed. No costs.

K.SURENDRA MOHAN, JUDGE

lgk