Siya P.S vs The Regional Transport Authority, ...
2025 Latest Caselaw 4610 Ker

Kerala High Court

Siya P.S vs The Regional Transport Authority, ... on 28 February, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:17287

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                    WP(C) NO. 44277 OF 2024

PETITIONER:

         SIYA P.S.,
         AGED 42 YEARS,
         W/O. SAJEEV, RESIDING AT PALLEKKAT HOUSE,
         CHERAI P.O,
         ERNAKULAM DISTRICT, PIN - 683514

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


RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY,
         ERNAKULAM, CIVIL STATION, KAKKANAD,
         ERNAKULAM DISTRICT,
         REPRESENTED BY ITS SECRETARY, PIN - 682030

    2    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY ERNAKULAM,
         CIVIL STATION, KAKKANAD,
         ERNAKULAM DISTRICT, PIN - 682030

         BY ADV.
         SMT.ANIMA M, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.02.2025, ALONG WITH WP(C).497/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                 2025:KER:17287
W.P.(C) No.497/2025 & con.cases
                                    :2:


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                      WP(C) NO. 44904 OF 2024

PETITIONER:
          MUHAMMED NISHAD K.A.,
          AGED 55 YEARS,
          S/O. ABDUL KHAYOOM,
          RESIDING AT KURUPPAMPALLATH HOUSE,
          PAZHANGAD MARKET WEST, EDAVANAKKAD,
          ERNAKULAM DISTRICT, PIN - 682505

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


RESPONDENTS:
    1     THE REGIONAL TRANSPORT AUTHORITY,
          ERNAKULAM, REGIONAL TRANSPORT OFFICE,
          2ND FLOOR, CIVIL STATION, KAKKANAD,
          ERNAKULAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 682030

     2     THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY ERNAKULAM,
           REGIONAL TRANSPORT OFFICE, 2ND FLOOR,
           CIVIL STATION, KAKKANAD,
           ERNAKULAM DISTRICT, PIN - 682030

           BY ADV.
           SMT.ANIMA M., GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.02.2025, ALONG WITH WP(C).497/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                 2025:KER:17287
W.P.(C) No.497/2025 & con.cases
                                    :3:


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                      WP(C) NO. 44906 OF 2024

PETITIONER:
          SHIJU V.S.,
          AGED 38 YEARS,
          S/O. SHANMUGHAN,
          RESIDING AT VALAVANTHARA HOUSE, PATTANAM,
          VADAKKEKAR P.O, NORTH PARUR,
          ERNAKULAM DISTRICT, PIN - 683522

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


RESPONDENTS:
    1     THE REGIONAL TRANSPORT AUTHORITY,
          ERNAKULAM
          REGIONAL TRANSPORT OFFICE, 2ND FLOOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 682030

     2     THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY ERNAKULAM,
           REGIONAL TRANSPORT OFFICE, 2ND FLOOR,
           CIVIL STATION, KAKKANAD,
           ERNAKULAM DISTRICT, PIN - 682030

           BY ADV.
           SMT.ANIMA M., GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.02.2025, ALONG WITH WP(C).497/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                 2025:KER:17287
W.P.(C) No.497/2025 & con.cases
                                    :4:


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                      WP(C) NO. 44910 OF 2024

PETITIONERS:

     1     RAJEEV R SHENOY,
           AGED 38 YEARS,
           S/O. SHENOY,
           RESIDING AT RAJANIRMALYAM
           NINTHASTHALATH, KUZHUPPILLY,
           ERNAKULAM DISTRICT,
           PIN - 682501

     2     ABINRAJ K.T.,
           AGED 34 YEARS,
           S/O. THANKAPPAN,
           RESIDING AT KUNNUMMATHARA HOUSE,
           THURUTHIPPURAM, MOOTHAKUNNAM P.O,
           ERNAKULAM DISTRICT,
           PIN - 683516

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


RESPONDENTS:

     1     THE REGIONAL TRANSPORT AUTHORITY,
           ERNAKULAM, REGIONAL TRANSPORT OFFICE,
           2ND FLOOR, CIVIL STATION, KAKKANAD,
           ERNAKULAM DISTRICT,
           REPRESENTED BY ITS SECRETARY,
           PIN - 682030
                                               2025:KER:17287
W.P.(C) No.497/2025 & con.cases
                                  :5:

     2     THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY ERNAKULAM,
           REGIONAL TRANSPORT OFFICE,
           2ND FLOOR, CIVIL STATION,
           KAKKANAD,
           ERNAKULAM DISTRICT, PIN - 682030

           BY ADV.
           SMT.ANIMA M., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.02.2025, ALONG WITH WP(C).497/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                2025:KER:17287
W.P.(C) No.497/2025 & con.cases
                                    :6:

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946

                       WP(C) NO. 497 OF 2025

PETITIONER:
          ARUN P.A.,
          AGED 32 YEARS,
          S/O. AMBUJAKSHAN,
          RESIDING AT PANIKKASSERRY HOUSE,
          NJARAKKAL P.O,
          ERNAKULAM DISTRICT, PIN - 682505

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


RESPONDENTS:

     1     THE REGIONAL TRANSPORT AUTHORITY ERNAKULAM,
           REGIONAL TRANSPORT OFFICE, 2ND FLOOR,
           CIVIL STATION, KAKKANAD,
           ERNAKULAM DISTRICT,
           REPRESENTED BY ITS SECRETARY, PIN - 682030

     2     THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY ERNAKULAM,
           REGIONAL TRANSPORT OFFICE, 2ND FLOOR,
           CIVIL STATION, KAKKANAD,
           ERNAKULAM DISTRICT, PIN - 682030

           BY ADV.SMT.ANIMA M., GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.02.2025, ALONG WITH WP(C).44277/2024, 44904/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                      2025:KER:17287
W.P.(C) No.497/2025 & con.cases
                                  :7:




                            JUDGMENT

Dated this the 28th day of February, 2025

[W.P.(C) Nos.44277, 44904, 44906 and 44910 of 2024 and 497 of 2025]

In all these writ petitions, the question that is arising for

consideration, is whether the particulars of vehicle has to be

produced at the time of making an application for regular Stage

Carriage permit under the Motor Vehicles Act and Rules or

whether is it sufficient that the particulars are furnished at the

time of consideration of the application.

2. Similar issue was considered by this Court in

W.P.(C) No.43136 of 2024 and connected cases. This Court

held that as the law as it stands today, the production of details

of the vehicle is required only at the time of consideration of the

application for grant of permit and that the particulars of the

vehicle need to be produced only at the time of issue of the

permit and not earlier.

2025:KER:17287 W.P.(C) No.497/2025 & con.cases

In view of the afore judgment in W.P.(C) No.43136 of

2024, these writ petitions are disposed of making it clear that

the benefit of declaration of law made by this Court in W.P.(C)

No.43136 of 2024 and connected cases would be applicable to

the petitioners' case herein also. The 1st respondent is directed

to pass consequential orders on the application submitted by

the petitioners adverting to the judgment in W.P.(C) No.43136

of 2024 and connected cases.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:17287 W.P.(C) No.497/2025 & con.cases

APPENDIX OF WP(C) 44277/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GOVERNMENT NOTIFICATION AS G.O.[P]NO.27/2023/TRANS DATED 27-11-2023 VIDE S.R.O. NO.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR STAGE PERMIT SUBMITTED BY THE PETITIONER ALONG WITH THE E-FEE RECEIPT DATED 21- 01-2024

Exhibit P3 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN SUPPORT OF THE APPLICATION FOR STAGE CARRIAGE PERMIT DATED 21-01-2024 WITH THE PROPOSED TIMINGS

Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 17-08-2024.

2025:KER:17287 W.P.(C) No.497/2025 & con.cases

APPENDIX OF WP(C) 44904/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P) NO. 27/2023/TRANS DATED 27.11.2023 VIDE S.R.O. NO.1275/2023

Exhibit P2 TRUE COPY OF THE APPLICATION FOR STAGE CARRIAGE PERMIT SUBMITTED BY THE PETITIONER, ALONG WITH THE E-FEE RECEIPT DATED 03.12.2023

Exhibit P3 TRUE COPY OF THE COVERING LETTER IN SUPPORT OF THE APPLICATION FOR STAGE CARRIAGE PERMIT WITH THE PROPOSED TIMINGS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.12.2023

Exhibit P4 TRUE COPY OF THE ORDER BEARING NO.

J1/KL2312203T1577545/2023 PASSED BY THE 1ST RESPONDENT DATED 17.08.2024 2025:KER:17287 W.P.(C) No.497/2025 & con.cases

APPENDIX OF WP(C) 44906/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P) NO. 27/2023/TRANS DATED 27-11-2023 VIDE S.R.O. NO.1275/2023

Exhibit P2 TRUE COPY OF THE APPLICATION FOR STAGE CARRIAGE PERMIT SUBMITTED BY THE PETITIONER, ALONG WITH THE E-FEE RECEIPT DATED 01-05-2023

Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION PASSED BY THE 1ST RESPONDENT DATED 17-8-2024 PERTAINING TO ITEM NO.17 OF THE PETITIONER 2025:KER:17287 W.P.(C) No.497/2025 & con.cases

APPENDIX OF WP(C) 44910/2024

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P) NO. 27/2023/TRANS DATED 27.11.2023 VIDE S.R.O. NO.1275/2023

Exhibit P2 TRUE COPY OF THE E-FEE RECEIPT OF THE 1ST PETITIONER DATED 10-03-2024

Exhibit P3 TRUE COPY OF THE E-FEE RECEIPT OF THE 2ND PETITIONER DATED 10-03-2024

Exhibit P4 TRUE COPY OF THE COVERING LETTER IN SUPPORT OF THE APPLICATION FOR STAGE CARRIAGE PERMIT WITH THE PROPOSED TIMINGS FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 10-03-

Exhibit P5 TRUE COPY OF THE COVERING LETTER IN SUPPORT OF THE APPLICATION FOR STAGE CARRIAGE PERMIT WITH THE PROPOSED TIMINGS FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 10-03-

Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION PASSED BY THE 1ST RESPONDENT DATED 17-08-2024 IN ADDITIONAL ITEM NO. 32, WHICH IS IN RESPECT OF THE APPLICATION SUBMITTED BY 1ST PETITIONER

Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION PASSED BY THE 1ST RESPONDENT DATED 17-08-2024 IN ADDITIONAL ITEM NO. 3, WHICH IS IN RESPECT OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER 2025:KER:17287 W.P.(C) No.497/2025 & con.cases

APPENDIX OF WP(C) 497/2025

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P) NO. 27/2023/TRANS DATED 27.11.2023 VIDE S.R.O. NO.1275/2023

Exhibit P2 TRUE COPY OF THE E FEE RECEIPT DATED 19.06.2023

Exhibit P3 TRUE COPY OF THE COVERING LETTER IN SUPPORT OF THE APPLICATION FOR STAGE CARRIAGE PERMIT WITH THE PROPOSED TIMINGS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.12.2023

Exhibit P4 TRUE COPY OF THE ORDER BEARING NO.

J1/07N1/286/2023 PASSED BY THE 1ST RESPONDENT DATED 17.08.2024.