Kerala High Court
Baby Joseph vs The State Of Kerala on 1 August, 2025
W.P(C).21198/25 & con.cases 1 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 39608 OF 2024
PETITIONER/S:
M.P.JOY,
AGED 55 YEARS,S/O. PAULOSE, MANGALATH PUTHEN PURAYIL HOUSE,
KOORACHUND POST,KOZHIKODE DISTRICT, PIN - 673527
BY ADV SRI.O.D.SIVADAS
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT OFFICE, PIN
- 676001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT OFFICE,
MALAPPURAM, PIN - 676001
3 KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT, FORT,
THIRUVANANTHAPURAM,REPRESENTED BY MANAGING DIRECTOR, PIN -
695023
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).19633/2025, 20813/2025 AND CONNECTED CASES,
THE COURT ON 01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 2 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 19633 OF 2025
PETITIONER/S:
SHAJI MATHEW,
AGED 57 YEARS,S/O. MATHEW, CHITTAPPANATTU HOUSE,
CHOTTANIKARA.P.O. ERUVELY, KAYANANNOOR, THRIPUNITHURA,
ERNAKULAM, PIN - 682312
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
MOTOR VEHICLE DEPARTMENT, TRANSPORT TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT AUTHORITY,
IDUKKI, REPRESENTED BY ITS SECRETARY, PIN - 685603
4 THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, CIVIL
STATION.P.O., IDUKKI, PIN - 685603
5 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 695014
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 3 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 20813 OF 2025
PETITIONER/S:
THOMAS GEORGE,
AGED 45 YEARS,S/O. GEORGE THOMAS,KONDODICKAL HOUSE,
THOTTAKKD.P.O., KOTTAYAM DISTRICT, PIN - 686539
BY ADV SRI.O.D.SIVADAS
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY SECRETARY, CIVIL STATION, PAINAVU, IDUKKI,
PIN - 685603
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,CIVIL STATION.P.O., PAINAVU,
IDUKKI, PIN - 685603
3 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT
PO,THIRUVANANTHAPURAM, PIN - 695023
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 4 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 21198 OF 2025
PETITIONER/S:
N.M. BIJU,
AGED 50 YEARS, S/O MATHAI, NELLICKAPARAMBIL HOUSE, KELAKOM
P.O., KANNUR, PIN - 670674
BY ADVS.
SRI.P.DEEPAK (SR) INSTRUCTED BY SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SMT.MEERA J. MENON
RESPONDENT/S:
1 THE GOVERNMENT OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGIONAL TRANSPORT AUTHORITY,
KOTTAYAM, REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O.,
KOTTAYAM, PIN - 686002
3 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, COLLECTORATE P.O.,
KOTTAYAM, PIN - 686002
4 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT
BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695004
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 5 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 21280 OF 2025
PETITIONER/S:
SUBIN JACOB,
AGED 51 YEARS,S/O JACOB JOSE, KUZHIKKATTU HOUSE,
THADIYANPADU P.O., IDUKKI, PIN - 685602
BY ADVS.
SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SMT.MEERA J. MENON
RESPONDENT/S:
1 THE GOVERNMENT OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGIONAL TRANSPORT AUTHORITY,
IDUKKI, REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O.,
IDUKKI, PIN - 685603
3 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, IDUKKI, COLLECTORATE P.O.,
KOTTAYM, PIN - 685603
4 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT
BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 6 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 21756 OF 2025
PETITIONER/S:
SABEENA TOMY,
AGED 53 YEARS
W/O. TOMY MATHEW, CHITTAPANATTU HOUSE, MUNDAKAYAM.P.O.,
MUNDAKAYAM, KOTTAYAM DISTRICT, PIN - 686513
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY SECRETARY, CIVIL STATION, PAINAVU, IDUKKI,
PIN - 685603
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,CIVIL STATION.P.O., PAINAVU,
IDUKKI, PIN - 685603
3 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT
P O,THIRUVANANTHAPURAM, PIN - 695023
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 7 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 22595 OF 2025
PETITIONER/S:
BINU PAULOSE,
AGED 47 YEARS,S/O. P.K. PAULOSE (LATE), PEECHAKKARA HOUSE,
KOTHAMANGALAM,ERNAKULAM, PIN - 686691
BY ADVS.
SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SMT.MEERA J. MENON
SMT.ALFIYA A.
RESPONDENT/S:
1 THE GOVERNMENT OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGIONAL TRANSPORT AUTHORITY,
IDUKKI, REPRESENTED BY ITS SECRETARY, CIVIL STATION,
PAINAVU, IDUKKI, PIN - 685603
3 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, IDUKKI, CIVIL STATION,
PAINAVU, IDUKKI, PIN - 685603
4 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT
BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 8 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 24613 OF 2025
PETITIONER/S:
1 BABY JOSEPH,
AGED 64 YEARS,S/O JOSEPH, VARALIKARA HOUSE, KOODAPPULAM P.O,
RAMAPURAM, PALA, KOTTAYAM, PIN - 686576
2 ABRAHAM.T.,
AGED 74 YEARS,S/O. JOSEPH, THANNIYAPLACAL HOUSE,
ANICKADU.P.O., PALLIKKATHODU, KOTTAYAM, PIN - 689503
3 JUSTIN,
AGED 53 YEARS,S/O. GEORGE, KATTOM PARAMBIL,
KONGNDOOR.P.O.,AYARKUNNAM.P.O., KOTTAYAM, PIN - 686122
BY ADV SRI.O.D.SIVADAS
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 THE TRANSPORT COMMISSIONER,
MOTOR VEHICLE DEPARTMENT, TRANSPORT TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT AUTHORITY,
KANNUR, REPRESENTED BY ITS SECRETARY, PIN - 670002
4 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR, PIN -
670002
5 THE REGIONAL TRANSPORT AUTHORITY,
KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN - 686001
6 THE SECRETARY,
REGIONAL RANSPORT AUTHORITY, CIVIL STATION, KOTTAYAM, PIN -
W.P(C).21198/25 & con.cases 9 2025:KER:57139
680001
7 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 695014
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 10 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 24665 OF 2025
PETITIONER/S:
1 ABDULLAKUTTY,
AGED 45 YEARS,S/O. KUNHIMOIDU,MANGADAN HOUSE, CHERUSHOLA,
PLATHARA, KOTTAKKAL, MALAPPURAM, PIN - 676503
2 MOOSA.P.K.,
AGED 68 YEARS,S/O KOMU HAJI,PARUTHIKUNNAN HOUSE,
KARIMOOCHIKKAL, KUTTIPALA.P.O, MALAPPURAM DISTRICT, PIN -
676501
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 THE TRANSPORT COMMISSIONER,
MOTOR VEHICLE DEPARTMENT, TRANSPORT TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM, CIVIL STATION, REPRESENTED BY ITS SECRETARY, PIN
- 676001
4 THE SECRETARY, REGIONAL,
TRANSPORT AUTHORITY, CIVIL STATION, MALAPPURAM, PIN - 676001
5 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 695014
W.P(C).21198/25 & con.cases 11 2025:KER:57139
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 12 2025:KER:57139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 40312 OF 2024
PETITIONER/S:
SURESH KUMAR.V.K,
AGED 54 YEARS
S/O. KRISHNAN NAIR, VATTAPPAAMBIL HOUSE, DESOM.P.O., ALUVA.
ERNKULAM DISTRICT, PIN - 683516
BY ADV SRI.O.D.SIVADAS
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY, VATAKARA,
REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT OFFICER,
VATAKARA., PIN - 673101
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT OFFICE,
VATAKARA, PIN - 673101
3 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT
PO,THIRUVANANTHAPURAM., PIN - 695023
SRI. P.SANTHOSH KUMAR,SPL. GOVT. PLEADER
SMT.SURYA BINOY, SR. GOVT. PLEADER
SRI.RENJITH THAMPAN (SR.) INSTRUCTED BY
SRI.P.C.CHACKO(PARATHANAM), SC, KSRTC
SRI.AKHIL SURESH, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, ALONG WITH WP(C).39608/2024 AND CONNECTED CASES, THE COURT ON
01.08.2025 DELIVERED THE FOLLOWING:
W.P(C).21198/25 & con.cases 13 2025:KER:57139
MOHAMMED NIAS C.P., J.
......................................................
W.P(C) Nos.39608 & 40312 of 2024,
19633, 20813, 21198, 21280, 21756,
22595, 24613 and 24665 of 2025
.............................................................
Dated this the 1st day of August, 2025
JUDGMENT
In exercise of the powers conferred by sub-section (1) of Section
102 of the Kerala Motor Vehicles Act, 1988 (hereinafter referred to as the
KMV Act), read with clause (b) of Rule 246 of the Kerala Motor Vehicles
Rules, 1989 (hereinafter referred to as the 'KMV Rules'), the Government
of Kerala approved a proposal regarding a modified scheme on 23.03.2017
(hereafter referred to as the '2017 scheme') in modification of the earlier
scheme dated 14-7-2009.
2. Earlier, a draft proposal was made on 8.2.2016 to save all existing
permits granted and issued as on 14.07.2009, and permit them to operate
as 'ordinary' or 'limited stop ordinary service' without making applicable
the maximum distance prescribed for such services under Rule 2(oa) of
the KMV Rules. According to Clause 4 of the 2009 scheme, private
W.P(C).21198/25 & con.cases 14 2025:KER:57139
operators' continued service was conditional on the State Transport
Undertaking not applying for permits on their routes.
3. The draft proposal of the scheme was approved vide the
notification dated 23.03.2017. However, it was stated that the maximum
distance prescribed for 'ordinary' and 'limited stop ordinary services'
under Rule 2(oa) of the KMV Rules should apply to the saved permits as
well. The relevant clauses 4 and 5 of the 2017 scheme are as follows:
4. Whether the services Yes, the permits issued in Yes, partially. The
are to be operated by the private sector on or permits granted in the
the State Transport before 9th May, 2006 will be Private Sector as on 14th
Undertakings to the allowed to continue till the July, 2009 will be
exclusion of other dates of expiry of the permitted to operate as
persons or otherwise: respective permits. Ordinary or Ordinary
Thereafter regular permits Limited Stop Service. The
will be granted to them. maximum distance
When the State Transport prescribed in the rule 2
Undertaking applies for (oa) in the Kerala Motor
introducing new services in Vehicle Rules, 1989 shall
the above routes, apply to these saved
corresponding number of permits provided that
existing private stage further extension or
carriage permits in the said variation shall not be
routes whose permits expire allowed under any
first after filing application circumstance. This
by the State Transport Scheme shall not affect
Undertaking shall not be the operation of other
renewed. As regards permits State Transport
issued after 9th May, 2006 Undertakings.
temporary permits alone
shall be issued afresh on
expiry in these routes or
any portion thereof till such
W.P(C).21198/25 & con.cases 15 2025:KER:57139
time the State Transport
Undertaking replaces with
new services. The decision
of the State Transport
Undertaking to apply for
permits to replace the
existing Stage Carriages as
above shall be taken by the
Chief Executive of the State
Transport Undertaking.
5. If the operation shall be to the exclusion of other services:-
(a) Whether such Partial till the existing Partial
exclusion shall be private services operating
complete or partial on the routes are replaced
as provided in item 4
above
(b) If such exclusion The existing services The existing and operating
shall be partial, the issued with permit on or permits as on 14th July,
sectors of the route before 9th May, 2006 and 2009 will be permitted to
from where other after 9th May, 2006 shall operate as Ordinary or
services are to be he permitted to continue Ordinary Limited Stop
excluded, and as in clause 4 above till Service
they are replaced by buses
owned by the State
Transport Undertakings
(c) Whether it is Yes, on the portion of the Yes, existing and operating
proposed to allow other route permitted to operate permits in the Private
services to pick up or as in clause 4 above. Sector as on 14th July, 2009
set down passengers Permits will also be are allowed to operate
between any two places granted to private stage subject to modified clauses
on the route covered by carriages of other routes 4 and 5(b) Permits will also
the Scheme. permitting them to be granted to private stage
overlap 5 kilometre or 5 carriages on other routes
percent of the length of permitting them to overlap
their own routes, 5 kilometre or 5% of the
whichever is less on the length of their own routes,
notified routes, for whichever is less on the
purposes of intersection. notified routes, for the
W.P(C).21198/25 & con.cases 16 2025:KER:57139
purpose of intersection.
4. The Kerala Motor Vehicles Rules 1989 were also amended on
15.03.2017 as hereunder:-
"2. Amendment of the Rules. In the Kerala Motor Vehicles
Rules, 1989, in Rule 2, sub-clause (oa) shall be relettered
as sub-clause (ob) and before sub-clause (ob) as so
relettered, the following sub-clause shall be inserted,
namely:-
"(oa) "Ordinary Limited Stop Service" means a service,
which is operated on a route having a distance of not
exceeding 140 Kilometres with limited number of stops.
having at least one stop in every fare stage."
5. A cumulative reading of the scheme referred to above and the
amended rule was that the saved permit holders, meaning those permits
granted upto 14.07.2009, also will not get further renewal for a route
length exceeding 140 Kms. The holders of the saved permits challenged
the above scheme and the Rules before this Court in W.P(C)
No.11825/2017 and connected cases and by judgment dated 20.08.2018 in
KSRTC and others v. Saju Varkey [2018 (4) KLJ 145] a Division Bench
of this Court upheld the amendment to the rule which inserted clause
4(a) clause of rule 2(a), but set aside clause 4 of the scheme that made the
W.P(C).21198/25 & con.cases 17 2025:KER:57139
distance rules applicable to the saved permits. The relevant paragraphs
from KSRTC v. Saju Varkey read as follows:-
"16. Thus viewed, the conclusion is inescapable that,
Ext.P10 draft scheme proposed to retain the rights
obtained by the private operators through Ext.P9 G.O,
while modifying Ext.P5 Scheme, and while finalising said
draft scheme, the State Government could not have made
the stipulation with regard to maximum distance
applicable to the permits saved by Ext.P5 scheme. We
therefore find in favour of the petitioners on the said issue
and quash Clause (4) of Ext. P13 scheme that makes the
maximum distance in R.2(oa) of the KMV Rules applicable
to the saved permits.
17. Re: Challenge to the amendment of the Rule.
As regards the challenge in the writ petitions to the
validity of the amendments brought about to the Kerala
Motor Vehicle Rules through Ext. P12 notification, it needs
to be noted that the contentions raised are more or less
identical to those raised in respect of the challenge to the
modified scheme. It is contended that, insofar as R.2(oa), as
amended, contained a stipulation of maximum distance of
140 km, in the definition of Ordinary Limited Stop
Services, but this stipulation was not there in the draft
Rule that was notified through Ext. P11 notification, the
principles of natural justice, as envisaged in the statutory
procedure, had been breached, thereby vitiating the
amendment and rendering it invalid. Although, at first
blush, it appeared to us that the same reasons that led to
the quashing of the impugned clause in the modified
scheme would lead us to hold the amended Rule also as
invalid, we find on a closer scrutiny, that the right to
operate ordinary and OLS services, without distance
restrictions, was one that accrued to private operators
affected by Exts.P5 and P7 schemes, in terms of the said
schemes, read with G.O. In other words, there was no pre-
existing right in the private operators, conferred under
the MV Act and Rules, to operate an OLS service.
W.P(C).21198/25 & con.cases 18 2025:KER:57139
- - - - - - - - - - - - - - - - - - - - - - - - -
The writ petitions are thus partly allowed, quashing clause
(4) of Ext. P13 scheme, and repelling the challenge Ext.P12
notification and the amendment notified thereunder."
6. The impact of the above declaration of law was that the right
to operate services both as ordinary and OLS services without any
distance restriction was conferred on the private operators holding saved
permits. This was again clarified by a judgment of this Court in W.P(C)
No.14151/2020 dated 12.01.2022, holding as follows:--
"9. It is needless to say that as long as the declarations in Saju
Varkey (supra) remains - which it will certainly until a
modified or new Scheme is brought into effect - I fail to
understand how the Government will get any benefit through
the "2020 G.O."
10. I must also record that, to a pointed question from this
Court in this regard, the learned Special Government Pleader
was unable to contest this issue, but prayed that liberty may
be reserved to the competent Authority, including the
Government, to bring out a new or a modified Scheme under
the provisions of the M.V.Act."
7. The said judgment was carried in appeal by the KSRTC and the
State, and an interim order was passed staying the operation of the
judgment. Later, the interim order was modified as per the order dated
12.4.2023, directing status quo to be maintained with regard to the
renewal of the permits for those who had valid permits as on the date of
the disposal of the writ petitions, and that they shall continue to enjoy
W.P(C).21198/25 & con.cases 19 2025:KER:57139
the temporary permits until further orders. This order was unsuccessfully
challenged before the Hon'ble Supreme Court in SLP No.9112/2023, which
was dismissed on 08.05.2023.
8. Thereafter, the writ appeals were disposed of by judgment
dated 26.05.2023, based on the submission of the learned Senior Counsel
for the KSRTC that a new scheme was launched by the Government and
therefore the appeals were not pressed. The Special Government Pleader
also followed suit, and therefore, the appeals were closed, leaving open
the questions of law and fact raised by the appellants therein.
9. In an attempt to obviate the situation following the
declaration of law in Saju Varkey (supra) and the decisions that followed
it, a new scheme was introduced by the Government on 03.05.2023
(hereinafter referred to as the '2023 scheme'), reintroducing the distance
restriction of 140 kms to the saved permits, with a specific provision as
follows:-
4.Whether the services Yes, partially. The permits The existing valid regular
are to be operated by granted in the Private permits as on 14th July,
the State Transport Sector as on 14th July, 2009 2009 in operation with
Undertaking to the will be permitted to operate trips and vehicles of the
exclusion of other as Ordinary or Ordinary private stage carriage
persons or otherwise: Limited Stop Service. The operators will be
maximum distance permitted to operate as
prescribed in the rule 2 (oa) Ordinary Service only
in the Kerala Motor Vehicle subject to the conditions
W.P(C).21198/25 & con.cases 20 2025:KER:57139
Rules, 1989 shall apply to mentioned below:
these saved permits 1. The route length of
provided that further such ordinary service
extension or variation shall shall not exceed 140 Km.
not be allowed under any 2. The ordinary service
circumstance. This Scheme which is permitted as
shall not affect the above shall have stops in
operation of other State all the approved bus stops
Transport Undertakings. under rule 206 of the
(The Hon'ble High Court has Kerala Motor Vehicles
quashed the approved Rules, 1989 in each fare
scheme in its Judgement stage.
dated 20th August, 2018 in 3. Such ordinary service
W.P.(C) No.11825/2017 and shall not reduce the
connected cases) existing stops.
4. If the existing route
length exceeds 140 Kms,
such ordinary service
shall be permitted to
curtail the route length
provided the trips shall
not be increased in the
notified route.
The scheme shall not
affect the operation of
other State Road
Transport Undertakings:
Provided that the scheme
shall not affect the
applicability and
restrictions in common
portions mentioned in the
notifications issued under
G.O.(P) No.5/2017/Tran.
Dated 21st February, 2017
and published as S.R.O
No.93/2017 in the Kerala
Gazette Extraordinary
No.315 dated 21st
W.P(C).21198/25 & con.cases 21 2025:KER:57139
February, 2017
(Muvattupuzha -
Ernakulam approved
scheme) and in G.O. (P)
No.3/2014/Tran. Dated
22nd January, 2014 and
published as S.R.O.
No.57/2014 in the Kerala
Gazette Extraordinary
No.257 dated 24th
January, 2014 (Ponnani-
Chelary approved scheme)
5. If the operation shall be to the exclusion of other services:-
(a) Whether such
exclusion shall be Partial No modification
complete or partial
(b) If such exclusion The existing and The existing and operating
shall be partial, the operating permits as on permits as on 14th July,
sectors of the route 14th July, 2009 will be 2009 will be permitted to
from where other permitted to operate as operate as Ordinary or
services are to be Ordinary or Ordinary Ordinary Service subject to
excluded Limited Stop Service clause (4)
10. The 2023 scheme was also successfully challenged and was
quashed by this Court in W.P(C) No.18290/2025 and connected cases at the
instance of the holders of saved permits. Learned Single Judge who
considered the legality of the scheme dated 03.04.2023, found that the
same was not published in the manner prescribed and without
considering the objections to the scheme.
W.P(C).21198/25 & con.cases 22 2025:KER:57139
11. The appeals filed against the said judgment by the
Government and the KSRTC were also dismissed on 17.03.2025 in
W.A.No.1821 of 2024 and connected cases, upholding the findings of the
learned Single Judge after elaborately considering how a cancellation or
modification of an approved scheme is to be made and reiterated the
findings of total non-application of mind on the objections raised by the
writ petitioners.
12. It is under such circumstances that the writ petitions were
filed by holders of the saved permits seeking a declaration that they are
entitled to a renewal of the permits without any distance restriction in
the light of the dictum laid down in Saju Varkey (supra) and also the
judgment in W.A.No.1821/2024 and connected cases. Consequential
direction is also sought against the Secretary of the Regional Transport
Authorities to consider and pass orders on the renewal applications based
on the above declarations from this Court.
13. W.P.(C) No.21198/2025 is treated as the lead case. The other
writ petitions also raise similar contentions and reliefs.
14. A counter has been filed on behalf of the Government
contending that all the superclass services are taken over by the KSRTC as
per the scheme published on 16.07.2013 and as the challenge to the said
W.P(C).21198/25 & con.cases 23 2025:KER:57139
scheme failed, the prayer sought for by the petitioner cannot be granted
alone, more so in view of Rule 2(oa) of the KMV Rules, which brought in a
definition of Ordinary Limited Stop Services to mean a service having a
distance of not exceeding 140 Kms. Thus, it is the contention that since
the challenge to Rule 2(a) failed, a private operator is entitled only to
operate at a maximum distance of 140 Kms either as ordinary service or
Limited Stop Ordinary Service. It is also their argument that even with
respect to the saved permits, they cannot operate beyond 140 Kms as the
same would violate Rule 2(a) of the KMV Rules. It is also argued that the
right to renewal of a permit can only be in accordance with the law in
force and that the right to operate can only be on the basis of the
restrictions imposed by the rules which have been upheld.
15. A counter affidavit has been filed on behalf of the KSRTC,
almost on similar lines as that of the Government, placing reliance on
Rule 2(oa) of the KMV Rules. It is also argued that the challenge to the
scheme dated 13.06.2013 has failed, and the petitioners cannot be granted
a renewal, much less in contravention of Rule 2(oa) and clause 18 of the
scheme dated 16.07.2023.
16. Heard Sri. P.Deepak, the learned Senior Counsel, instructed
by Sri. Rilgin V. George, Sri. O.D. Sivadas, the learned counsel for the
W.P(C).21198/25 & con.cases 24 2025:KER:57139
petitioners in the connected writ petitions, Sri. Ranjith Thampan, the
learned Senior Counsel instructed by Sri.P.C.Chacko, learned Standing
Counsel for the KSRTC and Sri.P.Santhosh Kumar, learned Special
Government Pleader.
17. Learned senior counsel Sri. P. Deepak and Sri. O.D. Sivadas
appearing for the petitioners reiterated the contentions urged in the writ
petitions and pointed out the clear cut directions in Saju Varkey (supra)
and the decisions that followed it and argued that the 2023 scheme having
been quashed by this Court, the law as on the date of rendering the
judgment in Saju Varkey (supra) is applicable in the matter of
consideration of pending renewal applications of the regular permits as
well as for considering the applications for temporary permits pending
decision on the renewal applications. It was also their contention that the
services were being continuously operated for more than two decades
until 06.06.2023, when they were discontinued following the issuance of
the 2023 scheme. It is also their argument that non-renewal of permits in
the above circumstances infringes their right under Article 19(1)(g) read
with Article 14 of the Constitution of India.
18. Sri. Ranjith Thampan, the learned Senior Counsel for the
KSRTC, argued that Saju Varkey (supra) only dealt with clause 4 of the
W.P(C).21198/25 & con.cases 25 2025:KER:57139
2013 Scheme and has not considered the impact of clause 5, and therefore
the decision in Saju Varkey (supra) will not come to the aid of the
petitioners. It is also argued that no permit can be granted in
contravention of the provisions of the Motor Vehicles Act or Rules. It is
also argued based on clause 18 of the 2013 Scheme that the right to
operate any class of service other than ordinary service shall be reserved
exclusively with the State Transport Undertaking, and as the challenge to
the 2013 scheme failed, no permit can be granted in violation of the said
scheme.
19. It is also argued that super class permit holders in the private
sector cannot claim the benefit of Clause 4 of the scheme dated
14.07.2009, though the petitioner is trying to claim the benefit of an
executive order issued on 20.8.2015, which was without publication in the
official Gazette, and such an order has no force of law. The learned Senior
Counsel also relied on the following judgments: T. Mohammed v. Secy.
RTA, Malappuram and Others (1993 KHC 216), Gulf Goans Hotels
Company Limited and Another v. Union of India and Others (2014 10
SCC 673), G.T.Venkataswamy Reddy v. State Transport Authority and
Others (2016 8 SCC 402), M/s Standard Motor Union Private Ltd. v.
W.P(C).21198/25 & con.cases 26 2025:KER:57139
The State of Kerala and others (AIR 1969 SC 273), Shahubdheen v.
State Transport Authority [2020 (2) KLT 211].
20. The learned Special Government Pleader, Sri. Santhosh
Kumar, also, apart from adopting the arguments of Sri. Ranjith Thampan
argues that no permit can be granted in violation of the rules which have
been upheld by this Court in Saju Varkey (supra) and that the scheme of
2023 was struck down only on procedural infirmity and not on merits. It
is also argued that the prayer of petitioner to direct the transport
authorities to grant renewal cannot be granted, as it is for the authorities
to consider the merits of the application and pass appropriate orders.
21. After examining the rival contentions and the record, it is
evident that the petitioners, the respondent Government, and KSRTC
understood the judgment in Saju Varkey (supra) as affirming that
holders of the saved permits could operate without distance restrictions,
as clearly stated therein, which was again clarified by this Court's
subsequent judgment in W.P(C) No.14151/2020, which recorded the
Government's position. To circumvent this legal declaration, a new
scheme was introduced on 03.05.2023, restricting saved permit holders to
operate within 140 km. This led to the withdrawal of appeals by KSRTC
and the State against the earlier judgment.
W.P(C).21198/25 & con.cases 27 2025:KER:57139
22. Recognising that the Government and KSRTC understood the
significance of this declaration, the 2023 scheme was evidently aimed at
overriding it. As held in Desh Bandhu Gupta and Co. v. Delhi Stock
Exchange Association Ltd. [(1979) 4 SCC 565], the principle of
contemporanea expositio (interpreting a statute or any other document by
reference to the exposition it has received from contemporary authority)
can be invoked when contemporaneous construction placed by
administrative or executive officers charged with executing a statute,
although not controlling, is nevertheless entitled to considerable weight;
it is highly persuasive.
23. Regarding the contention that only clause 4 of the 2017
scheme was considered in Saju Varkey (supra), the same is equally
unacceptable as clauses 4 and 5(a) make no substantive difference. This
view also contradicts the declaration in Saju Varkey (supra).
Consequently, the argument of the respondents that even saved permit
holders are subject to a distance limit is untenable. Since the 2023 scheme
was quashed, the declaration in Saju Varkey (supra) remains effective
and applicable. The quashing of an order results in the restoration of the
position as such stood on the date of the passing of the order which has
been quashed.
W.P(C).21198/25 & con.cases 28 2025:KER:57139
For these reasons, the petitioners are entitled to succeed. Until a
new scheme is enacted as mandated by law, the final and binding
declaration in Saju Varkey (supra) will continue to operate, preventing
the denial of renewal applications based on distance restrictions.
Resultantly, the Regional Transport Authorities and their officers are
directed to consider the petitioners' applications for temporary permit
within three weeks of receiving a copy of this judgment and the
applications for renewal of the regular permit within two months
thereafter, without any distance restriction, in accordance with law.
The writ petitions are allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
W.P(C).21198/25 & con.cases 29 2025:KER:57139
APPENDIX OF WP(C) 19633/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REGULAR PERMITS ISSUED IN
RESPECT OF STAGE CARRIAGE NO. KL 39/L 8282 AND KL
39/L 8283
Exhibit P2 THE COPY OF THE JUDGMENT RENDERED BY THIS COURT
REPORTED IN RAHUL TOM VS. KERALA STATE TRANSPORT
EMPLOYEES ASSOCIATION 2001 KHC 704 : 2001 (3) KLT
Exhibit P3 THE COPY OF THE INTERIM ORDER IN CIVIL APPEAL
NO.4994 OF 2002 DATED 4.10.2025 OF THE HON'BLE
SUPREME COURT
Exhibit P4 TRUE COPY OF THE FINAL SCHEME PUBLISHED AS PER
NOTIFICATION GO (P) NO.20/2008/TRAN. DATED
6.5.2008 VIDE SRO NO. 444 OF 2008
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 24.7.2008
RENDERED BY THIS COURT (REPORTED AS VIJAYAN.P.K.
VS STATE OF KERALA 2008 (3) KHC 566 2008 (3) KLT
941)
Exhibit P6 TRUE COPY OF THE NOTIFICATION
NO.6122/B1/2008/TRANS DATED 15.9.2008
Exhibit P7 TRUE COPY OF THE SCHEME ISSUED BY THE GOVERNMENT
VIDE GO (P) NO.42/2009/TRANS. DATED 14.7.2009.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 7.10.2009
RENDERED BY THIS SUPREME COURT CIVIL APPEAL
NO.4994 OF 2002.
Exhibit P9 GO (P) NO.73/2013/TRANS. DATED 16.7.2013
PUBLISHED VIDE SRO NO.555/2013 OF THE GOVERNMENT
Exhibit P10 TRUE COPY OF THE GO (P) NO.45/2015 DATED
20.8.2015 ISSUED BY THE GOVERNMENT
Exhibit P11 NOTIFICATION GO (P) NO. 6/2017/TRAN DATED
15.03.2017 PUBLISHED VIDE THE SRO NO.127/2017 BY
THE GOVERNMENT.
Exhibit P12 G.O. (P) NO.8/2017/TRANS DATED 23.3.2017
PUBLISHED BY SRO NO.151/2017 ISSUED BY THE
GOVERNMENT.
Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS COURT REPORTED
AS KSRTC VS. SAJU VARKEY AND ORS. (2018 (4) KHC
Exhibit P14 TRUE COPY OF THE G.O. (MS) NO.22/2020TRANS. DATED
1.7.2020 WITHDRAWING EXT.P10 ORDER.
Exhibit P15 JUDGMENT IN WP (C) NO. 13398 OF 2020 DATED
12.1.2022 RENDERED BY THIS COURT.
Exhibit P16 DAFT SCHEME ISSUED NOTIFICATION
NO.B1/13/2016/TRANS. DATED 14.9.2020 ISSUED BY
THE GOVERNMENT.
Exhibit P17 TRUE COPY OF THE LETTER DATED 31.10.2022 ISSUED
BY THE GOVERNMENT
W.P(C).21198/25 & con.cases 30 2025:KER:57139
Exhibit P18 THE COPY OF THE INTERIM ORDER IN WA NO. 1156 OF
2022 DATED 12.04.2023
Exhibit P19 THE COPY OF THE TEMPORARY PERMIT ISSUED TO THE
PETITIONER'S STAGE CARRIAGE NO. KL 39/L 8282
DATED 26.04.2023
Exhibit P20 THE COPY OF THE TEMPORARY PERMIT ISSUED TO THE
PETITIONER'S STAGE CARRIAGE NO. KL 39/L 8283
DATED 26.04.2023
Exhibit P21 . THE COPY OF THE ORDER PASSED BY THE HON'BLE
SUPREME COURT ON 8.05.2023 IN SLP (CIVIL) NO.
9112 OF 2023
Exhibit P22 . TRUE COPY OF THE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED VIDE
Exhibit P23 THE COPY OF THE JUDGMENT IN WA NO. 1156 OF 2022
DATED 26.05.2023 RENDERED BY THIS HON'BLE COURT
Exhibit P24 THE COPY OF JUDGMENT DATED 6.11.2024 IN WP(C)
NO.17469 OF 2023 AND CONNECTED CASES RENDERED BY
THIS HON'BLE COURT.
Exhibit P25 THE APPLICATION FOR RENEWAL OF PERMIT SUBMITTED
BY THE PETITIONER
Exhibit P26 THE COPY OF THE APPLICATION DATED 7.04.2025 FOR
RENEWAL OF PERMIT IN RESPECT OF STAGE CARRIAGE
NO. KL 39/L 8283
Exhibit P27 THE COPY OF THE APPLICATION DATED 3.04.2025 FOR
TEMPORARY PERMIT IN RESPECT OF STAGE CARRIAGE NO.
KL 39/L 8282
Exhibit P28 THE COPY OF THE APPLICATION DATED 7.04.2025 FOR
TEMPORARY PERMIT IN RESPECT OF STAGE CARRIAGE NO.
KL 39/L 8283
RESPONDENT EXHIBITS
Exhibit-R5(a) TRUE COPY OF THE JUDGMENT IN THE REGIONAL
TRANSPORT AUTHOIRTY, ERNAKULAM VS. CHELSIA
THERESA GEORGE AND ORS IN WA NO. 1054 OF 2020
DATED 24.09.2020 OF THIS COURT
W.P(C).21198/25 & con.cases 31 2025:KER:57139
APPENDIX OF WP(C) 20813/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT DATED 1.11.2022
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P2 THE DRAFT SCHEME HAS BEEN FINALIZED BY THE
GOVERNMENT VIDE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED VIDE
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 3.04.2025 FOR
TEMPORARY PERMIT IN RESPECT OF STAGE CARRIAGE NO.
KL 33/L 3446
W.P(C).21198/25 & con.cases 32 2025:KER:57139
APPENDIX OF WP(C) 21198/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-
78-4590
Exhibit P1 (a) A TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-
05-AQ-7268
Exhibit P2 A TRUE COPY OF CERTIFICATE DATED 03.06.2025
ISSUED IN RESPECT OF KL-78-4590
Exhibit P2 (a) A TRUE COPY OF CERTIFICATE DATED 03.06.2025
ISSUED IN RESPECT OF KL-05-AQ-7268
Exhibit P3 A TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO KL-
78-4590 VALID TILL 06.06.2023
Exhibit P3 (a) A TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO KL-
05-AQ-7268 VALID TILL 05.06.2023
Exhibit P4 A TRUE COPY OF G.O. (P) NO: 13/2023/TRAN DATED
03.05.2023 (RELEVANT PAGES ONLY)
Exhibit P5 A TRUE COPY OF G.O. (P) NO: 8/2017/TRAN DATED
23.03.2023(RELEVANT PAGES ONLY)
Exhibit P6 A TRUE COPY OF G.O. (P) NO: 06/2017/TRAN DATED
15.03.2023
Exhibit P7 A TRUE COPY OF THE JUDGMENT REPORTED IN 2018 (4)
KLJ 145
Exhibit P8 A TRUE COPY OF THE COMMON JUDGMENT DATED
12.01.2022 IN WPC NO: 14151 OF 2020 AND CONNECTED
CASE
Exhibit P9 A TRUE COPY OF THE COMMON JUDGMENT DATED
17.03.2025 IN WA NO: 1821 OF 2024 & CONNECTED
CASES (AS REPORTED IN 2025 SCC ONLINE KER 1892)
Exhibit P10 A TRUE COPY OF THE APPLICATION FOR TEMPORARY
PERMIT DATED 04.04.2025 IN RESPECT OF KL-78-4590
Exhibit P10 (a) A TRUE COPY OF THE APPLICATION FOR TEMPORARY
PERMIT DATED 04.04.2025 IN RESPECT OF KL-05-AQ-
RESPONDENT EXHIBITS
Exhibit-R4(a) TRUE COPY OF THE NOTIFICATION DATED 16.07.2013
ISSUED BY THE GOVERNMENT OF KERALA VIDE G.O.(P)
NO. 73/2013/TRANS .
Exhibit-R4(c) TRUE COPY OF GO (MS).NO.22/2020/TRANS DATED
01.07.2020 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit-R4(d) TRUE COPY OF THE JUDGMENT DATED 26.05.2023 IN
WA.NO.780 OF 2022 KSRTC VS. RAJESH K JACOB AND
ORS. OF THE DIVISION BENCH OF THIS HON'BLE COURT
Exhibit-R4(e) TRUE COPY OF THE JUDGMENT DATED 24.09.2020 IN THE
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM VS.
CHELSIA THEREASA GEROGE IN W.A. NO. 1054 OF 2020.
Exhibit-R4(f) TRUE COPY OF THE NOTIFICATION DATED 14.07.2009
W.P(C).21198/25 & con.cases 33 2025:KER:57139
VIDE G.O.(P) NO. 42/2009/TRANS ISSUED BY THE
GOVERNMENT OF KERALA
Exhibit-R4(g) RUE COPY OF THE JUDGMENT DATED 24.01.2012 IN
QUILON DISTRICT PRIVATE BUS OPERATORS ASSOCIATION
VS THE REGIONAL TRANSPORT AUTHORITY KOLLAM AND
ORS IN W.A. NO. 62 OF 2012 OF THIS HON'BLE COURT
Exhibit-R4(b) TRUE COPY OF THE GO (MS).NO.45/2015/TRANS DATED
20.08.2015 ISSUED BY THE GOVERNMENT OF KERALA
W.P(C).21198/25 & con.cases 34 2025:KER:57139
APPENDIX OF WP(C) 21280/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-
07-CG-6282
Exhibit P2 A TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO KL-
07-CG-6282 VALID TILL 16.08.2023
Exhibit P3 A TRUE COPY OF G.O. (P) NO: 13/2023/TRAN DATED
03.05.2023 (RELEVANT PAGES ONLY)
Exhibit P4 A TRUE COPY OF G.O. (P) NO: 8/2017/TRAN DATED
23.03.2017(RELEVANT PAGES ONLY)
Exhibit P5 A TRUE COPY OF G.O. (P) NO: 06/2017/TRAN DATED
15.03.2017
Exhibit P6 A TRUE COPY OF THE JUDGMENT REPORTED IN 2018 (4)
KLJ 145
Exhibit P7 A TRUE COPY OF THE COMMON JUDGMENT DATED
12.01.2022 IN WPC NO: 14151 OF 2020 AND CONNECTED
CASE
Exhibit P8 A TRUE COPY OF THE COMMON JUDGMENT DATED
17.03.2025 IN WA NO: 1821 OF 2024 & CONNECTED
CASES (AS REPORTED IN 2025 SCC ONLINE KER 1892)
(RELEVANT PAGES ONLY)
Exhibit P9 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT
DATED 08.11.2024 IN RESPECT OF KL-07-CG-6282
Exhibit P10 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY,
RTA DATED 29.01.2025
RESPONDENT EXHIBITS
Exhibit-R4(a) TRUE COPY OF THE NOTIFICATION DATED 16.07.2013
ISSUED BY THE GOVERNMENT OF KERALA VIDE G.O.(P)
NO. 73/2013/TRANS
Exhibit-R4(b) TRUE COPY OF THE GO (MS).NO.45/2015/TRANS DATED
20.08.2015 ISSUED BY THE GOVERNMENT OF KERALA
Exhibit-R4(c) TRUE COPY OF GO (MS).NO.22/2020/TRANS DATED
01.07.2020 ISSUED BY THE GOVERNMENT OF KERALA
Exhibit-R4(d) TRUE COPY OF THE JUDGMENT DATED 26.05.2023 IN
WA.NO.780 OF 2022 IN KSRTC VS. RAJESH K JACOB AND
ORS. OF THE DIVISION BENCH OF THIS COURT
Exhibit-R4(e) TRUE COPY OF THE JUDGMENT DATED 24.09.2020 IN THE
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM VS.
CHELSIA THEREASA GEROGE IN W.A. NO. 1054 OF 2020.
Exhibit-R4(f) TRUE COPY OF THE NOTIFICATION DATED 14.07.2009
VIDE G.O.(P) NO. 42/2009/TRANS ISSUED BY THE
GOVERNMENT OF KERALA.
Exhibit-R4(g) TRUE COPY OF THE JUDGMENT DATED 24.01.2012 IN
QUILON DISTRICT PRIVATE BUS OPERATORS ASSOCIATION
VS THE REGIONAL TRANSPORT AUTHORITY KOLLAM AND
ORS IN W.A. NO. 62 OF 2012 OF THIS COURT
W.P(C).21198/25 & con.cases 35 2025:KER:57139
APPENDIX OF WP(C) 21756/2025
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE REGULAR PERMIT DATED 20.09.2013
ISSUED BY THE 2ND RESPONDENT
Exhibit P2 THE COPY OF THE TEMPORARY PERMIT DATED 25.04.2023
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P3 THE COPY OF HE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED VIDE
AS PER SRO NO.537/2023,
Exhibit P4 THE COPY OF THE APPLICATION FOR TEMPORARY PERMIT
IN RESPECT OF STAGE CARRIAGE NO. KL 33/L 3425
DATED 3.04.2025
W.P(C).21198/25 & con.cases 36 2025:KER:57139
APPENDIX OF WP(C) 22595/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-
07-J-8283 ON THE ROUTE ALUVA-KANTHALOOR DATED 15-
10-1990
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 19.12.2019 IN
MVAA NO: 232 OF 2019
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 19.02.2020 IN
WPC NO: 4464 OF 2020
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER DATED
01.07.2020
Exhibit P5 A TRUE COPY OF THE COMMON JUDGMENT DATED
12.01.2022 IN WPC NO: 11163 OF 2020 AND CONNECTED
CASES
Exhibit P6 A TRUE COPY OF THE COMMON JUDGMENT DATED
26.05.2023 IN WA NO: 836 OF 2022 AND CONNECTED
CASES
Exhibit P7 A TRUE COPY OF G.O. (P) NO: 13/2023/TRAN DATED
03.05. 2023 (RELEVANT PAGES ONLY)
Exhibit P8 A TRUE COPY OF G.O. (P) NO: 8/2017/TRAN DATED
25.03.2017(RELEVANT PAGES ONLY
Exhibit P9 A TRUE COPY OF G.O. (P) NO: 06/2017/TRAN DATED
15.03.2017
W.P(C).21198/25 & con.cases 37 2025:KER:57139
APPENDIX OF WP(C) 24613/2025
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE REGULAR PERMIT ISSUED TO THE 1ST
PETITIONER BY THE 4TH RESPONDENT VALID TILL
26.10.2017
Exhibit P2 THE COPY OF THE TEMPORARY PERMIT DATED 11.11.2022
ISSUED BY THE 4TH RESPONDENT TO 1ST PETITIONER'S
STAGE CARRIAGE NO. KL 67/B 5299
Exhibit P3 THE COPY OF THE TEMPORARY PERMIT DATED 30.11.2022
ISSUED BY THE 6TH RESPONDENT TO 2ND PETITIONER'S
STAGE CARRIAGE NO. KL 05.AV 1975
Exhibit P4 THE COPY OF THE TEMPORARY PERMIT DATED 18.11.2022
ISSUED BY THE 6TH RESPONDENT TO 3RD PETITIONER'S
STAGE CARRIAGE NO. KL 67/B 8898
Exhibit P5 THE COPY OF THE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED VIDE
Exhibit P6 LSOS TRUE COPY OF THE APPLICATION FOR TEMPORARY
PERMIT DATED 8.11.2024 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 4TH RESPONDENT IN RESPECT
OF STAGE CARRIAGE NO. KL 67/B 5299 ON THE ROUTE
CHANDANAKKAMPARA - KOTTAYAM AS LSOS
Exhibit P7 THE TRUE COPY OF THE APPLICATION FOR TEMPORARY
PERMIT DATED 4.04.2025 BEFORE THE 6TH RESPONDENT
IN RESPECT OF STAGE CARRIAGE NO. KL 05.AV 1975 ON
THE ROUTE PATHANTMTHITTA - PADICHIRA AS LSOS
Exhibit P8 THE TRUE COPY OF THE APPLICATION FOR TEMPORARY
PERMIT DATED 4.04.2025 SUBMITTED BEFORE THE 6TH
RESPONDENT IN RESPECT OF STAGE CARRIAGE NO. KL
67/B 8898 ON THE ROUTE PATHANTMTHITTA - PADICHIRA
AS LSOS
W.P(C).21198/25 & con.cases 38 2025:KER:57139
APPENDIX OF WP(C) 24665/2025
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE TEMPORARY PERMIT DATED 7.12.2022
Exhibit P2 THE COPY OF THE TEMPORARY PERMIT DATED 7.12.2022
ISSUED BY THE 4TH RESPONDENT TO 2ND PETITIONER'S
STAGE CARRIAGE NO. KL 65/B 1677 ON THE ROUTE
ERNAKULAM SOUTH BUS STAND - KOZHIKODE AS LSOS
Exhibit P3 THE COPY OF THE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED VIDE
Exhibit P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT
DATED 10.04.2025 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 4TH RESPONDENT IN RESPECT OF STAGE
CARRIAGE NO. KL 10/AE 5140 ON THE ROUTE ERNAKULAM
SOUTH BUS STAND - KOZHIKODE AS LSOS
Exhibit P5 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT
DATED 10.04.2025 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 4TH RESPONDENT IN RESPECT OF STAGE
CARRIAGE NO. KL 65/B 1677 ON THE ROUTE ERNAKULAM
SOUTH BUS STAND - KOZHIKODE AS LSOS
W.P(C).21198/25 & con.cases 39 2025:KER:57139
APPENDIX OF WP(C) 40312/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REGULAR PERMIT OF THE
PETITIONER ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 THE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT
DATED 16.12.2019 SUBMITTED BY THE PETITIONER.
Exhibit P3 THE COPY OF THE TEMPORARY PERMIT DATED 3.05.2023
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P4 THE NOTIFICATION ISSUED BY THE GOVERNMENT VIDE GO
(P) NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED AS
PER SRO NO.537/2023.
Exhibit P5 THE COPY OF THE APPLICATION FOR TEMPORARY PERMIT
SUBMITTED BY THE PETITIONER ON 20.05.2024
RESPONDENT EXHIBITS
Exhibit-R3(a) True copy of the super class scheme dated
16.07.2013 issued by the Government of Kerala.
Exhibit-R3(b) True copy of the G.O.(P) No.06/2017/Trans. dated
15.03.2017 .
Exhibit-R3(c) True copy of GO (Ms).No.45/2015/Trans dated
20.08.2015.
Exhibit-R3(d) True copy of the order dated 01.07.2020 issued by
the Government of Kerala as G.O MS 22/2020/Trans.
Exhibit-R3(e) True copy of judgment in WA.No.780/2022 dated
26.05.2023
W.P(C).21198/25 & con.cases 40 2025:KER:57139
APPENDIX OF WP(C) 39608/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE REGULAR PERMIT OF THE PETITIONER
ISSUED BY THE 2ND RESPONDENT ON 10.03.2015 TO THE
PETITIONER.
Exhibit P2 THE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT
DATED 6.02.2016 SUBMITTED BY THE PETITIONER
Exhibit P3 THE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT
DATED 17.06.2011 SUBMITTED BY THE PETITIONER.
Exhibit P4 THE COPY OF THE DECISION OF THE 1ST RESPONDENT
24.06.2022 GRANTING TEMPORARY PERMIT TO THE
PETITIONER.
Exhibit P5 THE COPY OF THE TEMPORARY PERMIT DATED 17.11.2022
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P6 THE COPY OF THE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED VIDE
AS PER SRO NO.537/2023 ISSUED BY THE GOVERNMENT.
Exhibit P7 THE COPY OF THE APPLICATION FOR TEMPORARY PERMIT
SUBMITTED BY THE PETITIONER ON 20.05.2024.
RESPONDENT EXHIBITS
Exhibit-R3(b) True copy of the G.O.(P) No.06/2017/Trans. dated
15.03.2017
Exhibit-R3(d) True copy of the order dated 01.07.2020 issued by
the Government of Kerala as G.O MS 22/2020/Trans.
Exhibit-R3(e) True copy of judgment in WA.No.780/2022 dated
26.05.2023
Exhibit-R3(a) True copy of the super class scheme dated
16.07.2013 issued by the Government of Kerala.
Exhibit-R3(c) True copy of GO (Ms).No.45/2015/Trans dated
20.08.2015.
Exhibit_R3(f) TRUE COPY OF THE JUDGMENT IN WA NO. 1054 OF 2020
DATED 24.09.2020
