Citation : 2025 Latest Caselaw 12096 Ker
Judgement Date : 11 December, 2025
2025:KER:95519
W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF DECEMBER 2025/20TH AGRAHAYANA,1947
WP(C) NO. 26239 OF 2023
PETITIONER:
SAJITH SAKSAN,
AGED 44 YEARS,
THOUNDAYIL HOUSE,
MARADU, NETTOOR P.O.,
ERNAKULAM, PIN-682040
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KAKKANAD,
ERNAKULAM, PIN-682030
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KAKKANAD,
ERNAKULAM, PIN-682030
3 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANANTHAPURAM, PIN-695023
4 AJMAL ALI,
S/O K.I. ALI, KILIYANKAL HOUSE,
KUNNUMPURAM ROAD, KAKKANAD P.O.,
KOCHI, PIN-682030
2025:KER:95519
W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
-2-
R1&R2 SMT. DEVI SHRI R., GOVERNMENT PLEADER
R3 SRI.P.C.CHACKO(PARATHANAM), STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.12.2025, ALONG WITH WP(C).27005/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:95519
W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF DECEMBER 2025/20TH AGRAHAYANA,1947
WP(C) NO. 27005 OF 2023
PETITIONER:
SAJITH SAKSAN,
AGED 44 YEARS, S/O ANTONY,
THOUNDAYIL HOUSE,
MARADU, NETTOOR P.O.,
ERNAKULAM, PIN-682040
ADV. SAJEEV KUMAR K. GOPAL
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KAKKANAD,
ERNAKULAM, PIN-682030
2 AJMAL ALI,
S/O K.I. ALI, KILIYANKAL HOUSE,
KUNNUMPURAM ROAD, KAKKANAD P.O.,
KOCHI, PIN-695023
R1 SMT. DEVI SHRI R., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.12.2025, ALONG WITH WP(C).26239/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:95519
W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
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MOHAMMED NIAS C.P., J.
-----------------------------------------------------
W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
----------------------------------------------------
Dated this the 11th day of December, 2025
JUDGMENT
W.P.(C) No. 26239 of 2023 :- The petitioner objects to
the timing conference scheduled on 10.08.2023 to settle the timings
as regards the stage carriage owned by the 4 th respondent. The
petitioner contends that, as per Ext.P3, the 4 th respondent was
granted a fresh regular permit on 10.01.2020, who did not produce
the relevant records within the time granted under the provisions of
the Motor Vehicles Act. The petitioner had also preferred Ext.P6,
pointing out that the 4th respondent cannot be issued a permit in
view of Ext.P2 Scheme issued by the Government on 17.05.2023.
Thus, the convening of the timing conference was challenged by the
petitioner in this writ petition.
2. This Court had passed an interim order on 09 th August,
2023, directing that the timing conference scheduled on 10.08.2023
may go on; however, the issuance of the regular permit to the 4 th 2025:KER:95519 W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
respondent was directed to be made only after getting orders from
this Court.
3. Taking note of the fact that the 1 st respondent is to
consider the issuance of the permit to the 4 th respondent, the
objections preferred by the petitioner in Ext.P6 shall also be
considered. The 1st respondent shall hear the petitioner and
respondents 3 and 4 while considering the question of issuance of
the permit. All of the contentions of the parties are left open.
The Writ petition is disposed of as above.
W.P.(C) No. 27005 of 2023 :- In view of the orders passed
in W.P.(C) No.26239 of 2023, no further orders are required to be
passed in the writ petition filed by the same petitioner, and the same
is accordingly closed.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:95519 W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
APPENDIX OF WP(C) NO. 26239 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER DATED 17.6.2022
Exhibit P2 TRUE COPY OF THE SCHEME NOTIFICATION NO.B/134/2022/TRANS DATED 17.5.2023
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE AGENDA IN ITEM NO.2 OF THE RTA MEETING HELD ON 10.01.2020 WHICH WAS SCHEDULED ON 01.02.2020
Exhibit P4 ROUGH SKETCH OF THE ROUTE
Exhibit P5 A TRUE COPY OF THE NOTICE FOR TIMING CONFERENCE DATED 25.7.2023
Exhibit P6 TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER DATED 7.8.2023 2025:KER:95519 W.P.(C) Nos. 26239 of 2023 & 27005 of 2023
APPENDIX OF WP(C) NO. 27005 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER DATED 17/06/2022
Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE AGENDA IN ITEM NO. 2 OF THE RTA MEETING HELD ON 10.01.2020
Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C). NO. 26239 OF 2023 DATED 09/08/2023
Exhibit P4 THE TRUE COPY OF THE REQUEST PREFERRED BY THE PETITIONER DATED 11/08/2023
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