The writ petition was filed for a direction to the first respondent to grant variation by changing the halting place from Anakkayam to Manjeri in respect of his auto-rickshaw bearing Reg.No.KL-64-3922. The Secretary declined the same by citing a decision of the RTA, restricting fresh grant of permit within Manjeri Municipality. This Court in Rajesh v. Secretary, Regional Transport Authority (2014 (3) K.L.T. 341) has, in fact, considered the above issue and clearly held that, unless there is a notification by the Government, there could be no such restriction made by the Regional Transport Authority. The application for permit has to be considered on its merits individually. In such circumstances, the decision of the RTA to restrict grant of permit to auto-rickshaws cannot be sustained. Ext.P4 is set aside. The application filed by the petitioner shall be considered afresh. It is made clear that this Court has not directed grant but has merely W.P.(C)No.28347 of 2014 -:2:-
directed consideration. The respondent would be entitled to grant or reject the application; but on the latter event with reasons stated. The writ petition is disposed off.
K. Vinod Chandran, Judge.
sl.