IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
Pampa Samyuktha Drivers Union – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Anil K. Narendran, J.
The petitioner, namely, Pamba Samyuktha Drivers Union, with registration No.PTM/TC/38/2022, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus restraining respondents 2 to 6 from interfering with or obstructing the Taxi Operators registered with Sub Regional Transport Office, Ranni from operating in accordance with their Contract Carriage Permits (Motor Cab Permits) in Nilakkal-Pamba area. The document marked as Ext.P1 is a communication dated 18.12.2021 of the 5th respondent Regional Transport Officer, Pathanamthitta to the Transport Commissioner, Kerala for sanctioning a taxi stand at Nilakkal, in case the 2nd respondent Travancore Devaswom Board takes a favourable decision, subject to the approval of this Court. The document marked as Ext.P2 is the reply dated 24.12.2021 of the Transport Commissioner, addressed to the petitioner, forwarding Ext.P1. The document marked as Ext.P3 is a letter dated 22.02.2022 of the concerned MLA to the Minister for Transport, Kerala. The documents marked as Exts.P5 to P8 are the check reports dated 02.01.2025 and 05.01.2025 issued against the taxi drivers, who are
A writ of mandamus cannot be issued to direct authorities to act contrary to statutory provisions, particularly regarding the operation of contract carriages as stage carriages.
Special area permits granted under a scheme formulated by the State Government can authorize public service vehicles to operate as contract carriages without violating statutory provisions.
Tourist Vehicles with All India Permits must operate as Contract Carriages, prohibiting them from functioning as Stage Carriages by picking up or dropping off passengers enroute.
‘Worshipper’ is a person who shows reverence and adoration for a deity - Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple.
The Travancore Devaswom Board is obligated to ensure the uninterrupted performance of traditional rites and manage crowd safety during religious festivals, safeguarding the rights of worshippers.
Travancore-Cochin Hindu Religious Institutions Act, 1950 makes provision for administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowmen....
The imposition of eligibility conditions for auto rickshaw permits must be backed by statutory authority; the State's requirement for knowledge of Marathi is illegal as it lacks foundation in law.
Any failure on part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Sect....
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