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V. Guruvayoorappan vs The Regional Transport Authority ...
2025 Latest Caselaw 12347 Ker

Citation : 2025 Latest Caselaw 12347 Ker
Judgement Date : 16 December, 2025

[Cites 0, Cited by 0]

Kerala High Court

V. Guruvayoorappan vs The Regional Transport Authority ... on 16 December, 2025

WP(C) NO. 37920 & 36650 OF 2025
                              1              2025:KER:96907


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TUESDAY, THE 16th DAY OF DECEMBER 2025/25TH AGRAHAYANA, 1947

                  WP(C) NO. 37920 OF 2025

PETITIONER:

         K. BALAKRISHNAN UNNI, AGED 56 YEARS,
         S/O. K.C MENON, RESIDING AT LAKSHMI NIVAS,
         PANANGATTIRI P.O, KOLLENGODE,
         PALAKKAD DISTRICT, PIN - 678506

         BY ADVS. SRI.RILGIN V.GEORGE
         SHRI.K.T.RAVEENDRAN
         SMT.MEERA J. MENON
         SMT.ALFIYA A.
         SHRI.ADARSH P. AJI
         SMT.ANJU P.V.

RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY PALAKKAD,
         REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU,
         KUNATHURMEDU, CIVIL STATION P.O,
         PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY,
         PIN - 678001

    2    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY PALAKKAD,
         REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU,
         KUNATHURMEDU, CIVIL STATION P.O,
         PALAKKAD DISTRICT, PIN - 678001

    3    V. GURUVAYOORAPPAN, AGED 67 YEARS,
         S/O VELUPILLAI, RESIDING AT 38/350,
         AMRUTHA BHAVANAM, MANJAKULAM, PALAKKAD DISTRICT,
         PIN - 678001
 WP(C) NO. 37920 & 36650 OF 2025
                              2                    2025:KER:96907


            SRI. RIYAL DEVASSY, GP.

     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR

ADMISSION ON 16.12.2025, ALONG WITH WP(C).36650/2025, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37920 & 36650 OF 2025
                              3              2025:KER:96907



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TUESDAY, THE 16th DAY OF DECEMBER 2025/25TH AGRAHAYANA, 1947

                  WP(C) NO. 36650 OF 2025

PETITIONER:

         V. GURUVAYOORAPPAN, AGED 67 YEARS,
         S/O. VELUPILLAI, RESIDING AT 38/350,
         AMRUTHA BHAVANAM, MANJAKULAM,
         PALAKKAD DISTRICT, PIN - 678001

         BY ADVS. SHRI.M.JITHESH MENON
         SRI.P.G.MAHESHKUMAR

RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY PALAKKAD,
         REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU,
         KUNATHURMEDU, CIVIL STATION P.O,
         PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY,
         PIN - 678001

    2    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY PALAKKAD,
         REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU,
         KUNATHURMEDU, CIVIL STATION P.O,
         PALAKKAD DISTRICT, PIN - 678001

    3    K. BALAKRISHNAN UNNI,
         S/O. K.C MENON, RESIDING AT LAKSHMI NIVAS,
         PANANGATTIRI P.O, KOLLENGODE, PALAKKAD DISTRICT,
         PIN - 678506

         SRI. RIYAL DEVASSY, GP.
 WP(C) NO. 37920 & 36650 OF 2025
                              4                  2025:KER:96907


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR

ADMISSION ON 16.12.2025, ALONG WITH WP(C).37920/2025, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37920 & 36650 OF 2025
                              5                              2025:KER:96907


                          JUDGMENT

[WP(C) Nos.37920/2025, 36650/2025]

W.P.(C) No.37920 of 2025 is filed with the following prayers.

"i. Issue a writ in the nature of mandamus or such other writ order or direction commanding the 2nd respondent to forthwith settle the timings and issue the permit in compliance with Exhibit P1 decision of the RTA as already ordered by this Honorable Court, if necessary, by making appropriate modifications to the time schedules of the existing en route operators in consonance with Exhibit P7 decision of the State Transport Authority. ii. Issue a writ in the nature of mandamus or such other writ order or direction commanding the 2nd respondent to issue the permit in compliance with Exhibit P1 decision of the RTA with a provisional set of timings pending a final settlement of the time schedule in consonance with Exhibit P7 decision of the State Transport Authority. iii. Issue such other writ order or direction as this Honorable Court may deem fit and apposite in the facts and circumstances of the case.

iv. Dispense with the English translation of the vernacular exhibits until such time as otherwise ordered by this Honorable Court."

WP(C) NO. 37920 & 36650 OF 2025 6 2025:KER:96907

2. Taking note of the fact that the petitioner's prayer is for

settling the timings and issuing the permit in terms of the grant

made as per Ext.P1, a decision shall be taken by the first

respondent, in accordance with law, with notice to the third

respondent, at the earliest, at any rate, within two months from the

date of receipt of a copy of this judgment. It is made clear that the

objections of the third respondent in W.P.(C) No.37920 of 2025 shall

also be considered while considering the prayer made by the

petitioner herein. All the contentions of the parties are left open.

3. In view of the orders passed in W.P.(C) No.37920 of 2025, no

further orders are required to be passed in W.P.(C) No.36650 of 2025

filed by the third respondent in W.P.(C) No.37920 of 2025.

The writ petitions are disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE DMR/-

WP(C) NO. 37920 & 36650 OF 2025 7 2025:KER:96907

APPENDIX OF WP(C) NO. 37920 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE RTA DATED 19.07.2024.

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 08.04.2025 IN WPC NO: 14771 OF 2025.

Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE RTA DATED 19.06.2025.


  Exhibit P4           A TRUE COPY OF THE 'NOTICE FOR TIMING
                       CONFERENCE'      DATED     15.09.2025
                       (RELEVANT PAGE ONLY).

  Exhibit P5           A TRUE COPY OF THE 'NOTICE FOR TIMING
                       CONFERENCE'      DATED     29.09.2025
                       (RELEVANT PAGE ONLY).

  Exhibit P6           A TRUE COPY OF THE ORDER DATED

07.10.2025 IN WPC NO: 36650 OF 2025.

Exhibit P7 A TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY DATED 08.08.2025.

// TRUE COPY //

P.A. TO JUDGE WP(C) NO. 37920 & 36650 OF 2025 8 2025:KER:96907

APPENDIX OF WP(C) NO. 36650 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF STAGE CARRIAGE KL-09-Y-8981.

Exhibit P2 TRUE COPY OF THE TIMINGS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN THE MEETING HELD ON 19.07.2024, GRANTING THE REGULAR PERMIT TO THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 24.12.2024.

Exhibit P5 TRUE COPY OF THE REGISTRATION CERTIFICATE OF STAGE CARRIAGE KL-10-S-4746.

Exhibit P6 TRUE COPY OF THE REQUEST SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 20.03.2025.

Exhibit P7 TRUE COPY OF THE JUDGMENT ISSUED BY THIS HON'BLE COURT IN WP(C) NO. 14771/2025 DATED 08.04.2025.

Exhibit P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION RENDERED BY THE 1ST RESPONDENT IN ITEM NO.28, IN THE MEETING HELD ON 10.06.2025.

Exhibit P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION RENDERED BY THE STATE TRANSPORT AUTHORITY DATED 08.08.2025.

Exhibit P10 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION DATED 19.06.2025 OF THE 1ST RESPONDENT.

WP(C) NO. 37920 & 36650 OF 2025 9 2025:KER:96907

Exhibit P11 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTICE DATED 15.09.2025 PROPOSING TO CONVENE A TIMING CONFERENCE ON 30.09.2025.

Exhibit P12 TRUE COPY OF THE GENERAL NOTICE DATED 29.09.2025 FOR THE TIMING CONFERENCE TO BE HELD ON 08.10.2025.

// TRUE COPY //

P.A TO JUDGE

 
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