Kerala High Court
Jayachandran Nair vs The Regional Transport Authority on 15 July, 2025
2025:KER:52154
WP(C).14589 & 14613 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 14589 OF 2025
PETITIONER/S:
JAYACHANDRAN NAIR,
AGED 55 YEARS
S/O. K.M.SOMAN NAIR, JAYA NIVAS, UMBIDI, KARUKACHAL
P.O., KOTTAYAM DISTRICT, PIN - 686539
BY ADV SHRI.SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, COLLECTORATE P.O, KOTTAYAM, REPRESENTED
BY ITS SECRETARY, PIN - 686002
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
COLLECTORATE P.O., KOTTAYAM, PIN - 686002
SRI. V.S.SREEJITH, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2025, ALONG WITH WP(C).14613/2025, THE COURT ON 15.07.2025
DELIVERED THE FOLLOWING:
2025:KER:52154
WP(C).14589 & 14613 OF 2025 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 14613 OF 2025
PETITIONER/S:
JAYACHANDRAN NAIR,
AGED 55 YEARS
S/O. K.M. SOMAN NAIR, JAYA IVAS,UMBIDI, KARUKACHAL
P.O., KOTTAYAM DISTRICT, PIN - 686539
BY ADV SHRI.SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, COLLECTORATE P.O., KOTTAYAM, REPRESENTED
BY ITS SECRETARY, PIN - 686002
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
COLLECTORATE P.O, KOTTAYAM, PIN - 686002
SRI. V.S.SREEJITH, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2025, ALONG WITH WP(C).14589/2025, THE COURT ON 15.07.2025
DELIVERED THE FOLLOWING:
2025:KER:52154
WP(C).14589 & 14613 OF 2025 3
MOHAMMED NIAS C.P., J.
......................................................
W.P(C) Nos.14589 & 14613 of 2025
...............................................................
Dated this the 15th day of July, 2025
JUDGMENT
The question that arises for consideration in these writ petitions
is whether the applications submitted for transfer of the permits can be
considered pending orders on the applications for renewal of the regular
permit.
2. The stage carriages bearing registration Nos.KL-3N995 and
KL-5R-4977 are covered by regular permits issued to the transferor, as
seen from Ext.P1 produced in the writ petitions. Following the expiry of
the permits on 9.8.2020 and 25-02-2020, respectively, the permit holders
filed renewal applications, which are currently pending consideration
with the Regional Transport Authorities concerned. The vehicles are now
being operated on the temporary permits issued under Section 87 of the
Motor Vehicles Act 1970, as seen from Ext.P2. As per Ext.P3 decision of
the first respondent, the consideration of the renewal application was
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deferred as the question regarding overlapping on the route in question
was being considered was decided that till a final decision is taken on the
issue, temporary permits are to be issued to the expired permits.
3. The petitioners, along with the permit holders/transferors,
submitted joint applications for transfer of the regular permits as
provided under Section 82 of the MV Act. The consideration of the said
applications was being adjourned. Accordingly, the prayers in the writ
petitions are to direct the first respondent to pass orders on the
applications for transfer of permit without waiting for the final
adjudication of the renewal application concerning the stage carriages.
4. A counter affidavit has been filed on behalf of the first
respondent stating that, without renewing the original permit, it was not
possible to transfer the permit.
5. Heard Sri. Sajeev Kumar K. Gopal, learned counsel for the
petitioner and Sri. Sreejith V.S., Government Pleader, for the
respondents.
6. The learned counsel for the petitioner argues that there is no
distinction between a regular permit and a temporary permit in the MV
Act, and even a temporary permit holder has to be treated as a holder of a
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WP(C).14589 & 14613 OF 2025 5
permit. It is also argued that in case the permit is renewed, by operation
of law it will be treated as renewed from the date of expiry, which also
makes it clear that the authorities need not wait for renewing the permit
to consider the application for endorsing the transfer.
7. The learned Government submits that the impugned orders
call for no interference as the same are issued in consonance with the
relevant provisions of the Motor Vehicles Act and corresponding rules,
particularly Sections 80, 81, 82, and 87 thereof. He also places reliance on
the judgments passed by this Court in Usman v. Regional Transport
Authority, Malappuram represented by its Secretary [(2015) 4 KHC
779] and Jaffer v. Usman and Ors. [(2015) 4 KLT 590],
8. The undisputed facts would show that renewal applications
have been submitted by the permit holders, and that the stage carriages
are now plying based on the temporary permits issued under the Act. A
temporary permit is only for a limited period, and even the authorisation
is granted temporarily. Power is also granted under section 87 of the Act
to impose such conditions as the authority thinks fit for the grant of a
temporary permit. As held by this Court in Jaffer P. v. Usman and Ors.
[2015 (4) KLT 590], a mere pendency of a renewal application cannot
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make a permit alive.
9. True, on the renewal of the permit, it will date back, but the
same cannot be an answer for contending that, pending a renewal
application, the transfer application has to be considered. It is pertinent
to note that only a permit holder can apply for renewal, as done in the
instant cases, and the said applications have not been allowed so far.
Given the above, it cannot be said that the stand of the authorities that
the transfer application would be considered only after considering the
renewal application cannot be said to be wrong in any manner.
10. It is also to be noted that under the provisions of the Motor
Vehicles Act, there is a distinction between a regular permit, which is
renewable every five years and a temporary permit, which is issued for a
limited period. That apart, a reading of Section 87 which deals with
transfer of permit under the Act also shows that a permit cannot be
transferred to another person without the approval of the Transport
Authority that originally granted it and that the transferring of a vehicle
that has a permit does not automatically transfer the right to use the
permit to the new owner, to ensure that only eligible persons operate
transport vehicles under valid permits, which is in public interest as well.
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WP(C).14589 & 14613 OF 2025 7
In view of the above, I find no merit in the writ petitions, and they are
accordingly dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
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WP(C).14589 & 14613 OF 2025 8
APPENDIX OF WP(C) 14613/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF
STAGE CARRIAGE KL-5R-4977
Exhibit P-2 TRUE COPY OF THE TEMPORARY PERMIT IN RESPECT
OF STAGE CARRIAGE KL-5R-4977 ON THE ROUTE
KOTTAYAM-PARIPPU DATED 09-10-2024 ISSUED BY
THE 2ND RESPONDENT
Exhibit P-3 TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 19-02-2020
IN ITEM NO.1
Exhibit P-4 TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 24-08-2024 VIDE ORDER
NO.J4/636/2024/K
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WP(C).14589 & 14613 OF 2025 9
APPENDIX OF WP(C) 14589/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF
STAGE CARRIAGE KL-3N-995
Exhibit P-2 TRUE COPY OF THE TEMPORARY PERMIT IN RESPECT
OF STAGE CARRIAGE KL-3N-995 ON THE ROUTE
KOTTAYAM-PARIPPU DATED 18-03-2025 ISSUED BY
THE 2ND RESPONDENT
Exhibit P-3 TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 19-02-2020
IN ITEM NO.1
Exhibit P-4 TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 24-08-2024 VIDE ORDER
NO.J3/313/2023
