2025:KER:24474 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 32736 OF 2024 PETITIONER/S: JOSEPH MATTAPPALLIL, AGED 59 YEARS S/O. JOSEPH,MATTAPPALLI HOUSE, VELIMANAM P.O.,AARALAM,IRITTY, KANNUR DISTRICT, PIN - 670704 BY ADV THOMSTINE K.AUGUSTINE RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT,SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, KANNUR, CIVIL STATION, THAVAKKARA, KANNUR, PIN - 670002 3 THE REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER, NERAMBOKKU, IRITTY, KANNUR DISTRICT, PIN - 670703 4 IRITTY MUNICIPALITY, OFFICE OF THE IRITTY MUNICIPALITY, PUNNAD, KANNUR – 670703,REPRESENTED BY ITS CHAIRPERSON, PIN - 670703 5 THE CHAIRPERSON, IRITTY MUNICIPALITY, OFFICE OF THE IRITTY MUNICIPALITY, PUNNAD, KANNUR, PIN - 670703 W.P.C No. 32736 of 2024 2 2025:KER:24474 6 TRAFFIC REGULATORY COMMITTEE, IRITTY MUNICIPALITY, PUNNAD, KANNUR – 670703, REPRESENTED BY ITS AUTHORIZED AUTHORITY, PIN - 670703 BY ADV Ravi Sankar P K OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 32736 of 2024 3 2025:KER:24474 JUDGMENT The petitioner is an auto-rickshaw driver and he is aggrieved by the denial of parking number for his auto-rickshaw by the respondents 4 to 6. Ext.P4 is the communication issued to the petitioner in this regard by the 5th respondent and the only reason shown to reject the application for the petitioner is that, he is not a permanent resident within the territorial limits of the 4th respondent Municipality. The petitioner places reliance upon Ext.P5 judgment, rendered by this Court in similar circumstances wherein it was held that, the rejection on the said ground is amounting to violation of Articles 14 and 19(1)(g) of the Constitution of India and the State cannot make any discrimination on the ground of residence of the citizens. In that case, with the above observations, direction was issued to the Municipality to grant license to the petitioners therein. 2. In this case, when the matter came up for consideration, an interim direction was issued to the respondents 4 and 5 to allow the petitioner to park his auto- W.P.C No. 32736 of 2024 4 2025:KER:24474 rickshaw within the limit of 4th respondent Municipality provisionally, pending consideration of the writ petition. 3. The 2nd respondent filed a detailed counter affidavit, explaining the reasons which prompted them to take a decision to reject the application. Evidently the reason is that, the petitioner is not a permanent resident. In the light of the observations made by this Court in Ext.P5 judgment, I am of the view that the petitioner is entitled to succeed. Now it is reported that in the light of the interim order, the petitioner is already issued with the permission to park the vehicle within the Municipality. In such circumstances, this writ petition is disposed of, making the interim order dated 13.09.2024, absolute in the light of the observations in Ext.P5 judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 32736 of 2024 5 2025:KER:24474 APPENDIX OF WP(C) 32736/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF AUTO RICKSHAW BEARING REG. NO. KL 78 1976 Exhibit-P2 TRUE COPY OF THE DEMAND NOTICE DATED 2/3/2024 ISSUED BY THE INDUSIND BANK, KANNUR Exhibit-P3 TRUE COPY OF THE APPLICATION DATED 20/3/2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit-P4 TRUE COPY OF THE ORDER NOTICE/ORDER DATED 3/4/2024 ISSUED BY THE 5TH RESPONDENT Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED 13/9/2023 IN WP(C ) NO. 20998/2021 OF HON’BLE HIGH COURT OF KERALA