Kerala High Court
Abdul Salam vs The State Of Kerala on 14 August, 2025
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO. 27352 OF 2025
PETITIONER/S:
RIYAS,
AGED 34 YEARS
S/O.ALI THOPPIL HOUSE, LOKAMELESHWARAM,
KODUNGALLLOOR PO., THRISSUR DISTRICT, PIN - 680664
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR,
REPRESENTED BY THE SECRETARY, CIVIL STATION,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,CIVIL STATION,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680001
SRI.P.C CHACKO (PARATHANAM), SC
INSTRUCTED BY SRI.AKHIL SURESH, SC
SRI.SREEJITH V.S (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2025, ALONG WITH WP(C).29196/2025, 29491/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO. 29196 OF 2025
PETITIONER/S:
ABDUL SALAM,
AGED 43 YEARS
S/O. MYTHEEN, PINDIMANA,MALIPPARA, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686681
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, TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA, ERNAKULAM
DISTRICT REPRESENTED BY SECRETARY, PIN - 686661
4 THE SECRETARY,
THE REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686661
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
3
5 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 695014
SRI.P.C CHACKO (PARATHANAM), SC
INSTRUCTED BY SRI.AKHIL SURESH, SC
SRI.SREEJITH V.S (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2025, ALONG WITH WP(C).27352/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO. 29491 OF 2025
PETITIONER/S:
SOORAJ.P.V.,
AGED 49 YEARS
S/O. P.V.RAJAN, PUTHIYAVVEEIL, 19TH MILE,
CHAVASSERY, IRITTY, KANNUR DISTRICT, PIN - 670702
BY ADVS.
SRI.O.D.SIVADAS
SMT.DEVIKA R.
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, TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY ITS SECRETARY, CIVIL STATION, KANNUR,
PIN - 670002
4 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR,
PIN - 679002
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
5
5 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 695014
SRI.P.C CHACKO (PARATHANAM), SC
INSTRUCTED BY SRI.AKHIL SURESH, SC
SRI.SREEJITH V.S (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2025, ALONG WITH WP(C).27352/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO. 29560 OF 2025
PETITIONER/S:
MUHAMMED KUTTY,
AGED 52 YEARS
S/O.AVARAN, MUDAKKAYIL HOUSE, PARUTHIKODE,PALLIKKAL
PO, MALALPPUTRAM, PIN - 673634
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENT/S:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, KOZHIKODE CIVIL
STATION, CIVIL STATION P.O, MALAPARAMBA,KOZHIKODE,
PIN - 673020
SRI.P.C CHACKO (PARATHANAM), SC
INSTRUCTED BY SRI.AKHIL SURESH, SC
SRI.SREEJITH V.S (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2025, ALONG WITH WP(C).27352/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
7
JUDGMENT
The common issue in these writ petitions pertains to the
refusal of the respondents to renew the permits of the stage carriage
operators as LSOS and granting permits only as ordinary service, in
view of a notification dated 3-5-2023.
2. Both sides submit that these cases are covered by the
judgment of this Court in W.P.(C) No.18290/2023 and connected cases
and which is confirmed in W. A No. 1821/2024 and connected cases,
wherein the notification relied on was quashed, and the same applies
to the stage carriages plying in routes less than 140 Kilometres.
3. Given the above, these writ petitions are hereby allowed.
The interim orders granted in these cases are made absolute. However,
it is made clear that this judgment will be subject to any decision to be
passed in the appeal against the judgment of the Division Bench
referred to above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
APPENDIX OF WP(C) 27352/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO THE
PETITIONER VALID TILL 28.12.2024
Exhibit P2 TRUE COPY OF THE PROCEEDINGS GRANTING
RENEWAL OF PERMIT DATED 15.5.2025
Exhibit P3 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN W.P.(C)NO.18871 OF 2025 DATED
22.05.2025
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
APPENDIX OF WP(C) 29196/2025
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE TIME SHEET OF THE
PETITIONER'S SERVICE ISSUED AS PER ORDER
NO. C6/6383/2018/EM DATED 22.12.2018 WITH
TYPED COPY
Exhibit P2 THE TRUE COPY OF THE SCHEME ISSUE BY THE
GOVERNMENT VIDE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED
Exhibit P3 THE TRUE COPY OF THE DECISION OF THE
REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA
DATED 17.08.2024
Exhibit P4 THE TRUE COPY OF THE PRESENT TEMPORARY
PERMIT DATED 6.05.2025 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER
Exhibit P5 THE TRUE COPY OF THE SAID REQUEST DATED
2.12.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P6 THE TRUE COPY OF THE DECISION OF THE 3RD
RESPONDENT DATED 10.01.2025 ISSUED BY THE
3RD RESPONDENT
Exhibit P7 THE TRUE COPY OF THE ORDER DATED
23.01.2025 IN WP (C) NO. 2746 OF 2025
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WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
APPENDIX OF WP(C) 29491/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TIMING OF THE PETITIONER
DATED 8.10.2013
Exhibit P2 TRUE COPY OF THE NOTIFICATION GO (P)
NO.13/2023/TRANS. DATED 3.5.2023 PUBLISHED
Exhibit P3 TRUE COPY OF THE REGULAR PERMIT DATED
09.06.2025 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER
Exhibit P4 THE COPY OF THE ORDER DATED 13.03.2025 IN
WP (C) NO. 9812 OF 2025
2025:KER:61814
WP(C) NO.27352, 29196, 29491 and 29560 OF 2025
APPENDIX OF WP(C) 29560/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED
VALID TILL 24.5.2024
Exhibit P2 TRUE COPY OF THE RENEWED PERMIT ISSUED TO
THE PETITIONER DATED 26.7.2025 VALID UPTO
24.5.2029
Exhibit.P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P.(C)NO. 24411 OF 2025 DATED
9.7.2025
