Kerala High Court
Gee Varghese Mathew vs The Regional Transport Authority on 24 October, 2025
2025:KER:79525
WP(C) NO.20429 & 20832 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO.20429 OF 2025
PETITIONER/S:
RADHAMANI,
AGED 62 YEARS
W/O. THANKAPPAN, BUDHANOOR.P.O., ENNAKKADM,
CHENGANNUR, ALAPUZHA DISTRICT, PIN - 689510
BY ADV SRI.O.D.SIVADAS
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY ITS SECRETARY,CIVIL STATION,
ALAPUZHA, PIN - 688001
2 THE REGIONAL TRANSPORT OFFICER,
SECRETARY, REGIONAL TRANSPORT AUTHORITY), CIVIL
STATION, ALAPUZHA, PIN - 688001
3 SANTHAMMA.G.,
W/O. MOHANAN PILLAI, GEETHALAYAM, VALIYAKUZHAI,
MUTTAM. P. O, HARIPPAD, ALAPUZHA, PIN - 690511
4 GEE VARGHESE MATHEW,
S/O.M.C.MATHEW, MUZHANGODIYIL HOUSE, SHIBU VILLA,
MUTTOM, ALAPPUZHA, PIN - 690511
5 K.ALIKHAN,
S/O.KASIM PILLAI, AL NOOR, KANICHANALLUR, MUTTOM
P.O., CHEPPAD, ALAPPUZHA, PIN - 690511
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WP(C) NO.20429 & 20832 OF 2025
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6 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED
BY ITS MANAGING DIRECTOR, PIN - 695023
BY ADVS.
SRI.RILGIN V.GEORGE
SHRI.AKHIL SURESH, SC
SMT.SURYA BINOY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.10.2025, ALONG WITH WP(C).20832/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:79525
WP(C) NO.20429 & 20832 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 20832 OF 2025
PETITIONER/S:
GEE VARGHESE MATHEW,
AGED 68 YEARS
S/O M.C.MATHEW, MUZHANGODIYIL HOUSE, SHIBI VILLA,
MUTTOM, ALAPPUZHA DISTRICT, PINCODE- 690 511,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MATHEW
M. CHERIYAN, S/O M.CHERIAN, AGED 50 YEARS,
MUZHANGODYIL HOUSE, MUTTOM P.O., HARIPAD,
ALAPPUZHA DISTRICT
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SRI.RINNY STEPHEN CHAMAPARAMPIL
SMT.ASHA ELIZABETH MATHEW
SMT.GOPIKA S. NAIR
SMT.ANN SILLA PRASAD
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
ALAPPUZHA, REPRESENTED BY ITS SECRETARY, CIVIL
STATION, ALAPPUZHA, PIN - 688001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, CIVIL
STATION, ALAPPUZHA, PIN - 688001
3 SANTHAMMA G.,
W/O MOHANAN PILLAI, AGED 68 YEARS, GEETHALAYAM,
VALIYAKUZHI, MUTTOM P.O., HARIPPAD, ALAPPUZHA, PIN
- 690001
2025:KER:79525
WP(C) NO.20429 & 20832 OF 2025
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4 RADHAMANI,
AGED 62 YEARS
W/O THANKACHAN, BUDHANOOR P.O., ENNAKKADM,
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689510
5 K.ALIKHAN,
AGED 80 YEARS
S/O KASIM PILLAI, AL NOOR, KANICHANALLUR, MUTTOM
P.O., CHEPPAD, ALAPPUZHA, PIN - 690511
BY ADV SRI.RILGIN V.GEORGE
SMT.SURYA BINOY SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.10.2025, ALONG WITH WP(C).20429/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:79525
WP(C) NO.20429 & 20832 OF 2025
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JUDGMENT
Exts.P5 and P6 orders passed by the State Transport Appellate
Tribunal, Ernakulam, in M.V.A.A No.46 of 2025 are under challenge in
WP(C) No.20429 of 2025 and 20832 of 2025, respectively, by which the
tribunal, after setting aside the impugned order therein which
refused a temporary permit, directed reconsideration of the
application on merits. However, till the disposal of the application,
there was a further direction to issue a temporary permit on the route
in question. It is that part of the order, which is challenged in both
the writ petitions.
2. The direction to issue a temporary permit pending
consideration of an application for a temporary permit could not have
been passed. Under such circumstances, that part of the order of the
tribunal is to be set aside, and there will be a direction to the
competent authority to consider the application for a temporary
permit submitted by the 3rd respondent in both cases. Fresh orders
shall be passed with notice to the petitioners and also the 3 rd
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WP(C) NO.20429 & 20832 OF 2025
respondent and other affected parties, within two months from the
date of receipt of a copy of this judgment. All the contentions of the
parties are left open.
The writ petitions are disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2025:KER:79525
WP(C) NO.20429 & 20832 OF 2025
APPENDIX OF WP(C) 20429/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TIMING ALLOTTED TO THE
ABOVE SERVICE
Exhibit P2 THE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT DATED 17/01/2025
Exhibit P3 THE COPY OF THE MVAA NO. 46 OF 2025
DATED 2.05.2025
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
28.04.2025 FILED BY THE PETITIONER
BEFORE THE STAT TO VACATE THE INTERIM
ORDER.
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THE LEARNED
STATE TRANSPORT APPELLATE TRIBUNAL IN
MVAA NO. 46 OF 2025 DATED 17.05.2025
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WP(C) NO.20429 & 20832 OF 2025
APPENDIX OF WP(C) 20832/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE REGULAR PERMIT IN
RESPECT OF STAGE CARRIAGE ON THE ROUTE
KOCHEEDE JETTY -THIRUVALLA DATED
05.01.2022
Exhibit P-2 TRUE COPY OF THE ORDER
NO.N/1002097/2024/A DATED 17-01-2025 OF
THE 2ND RESPONDENT REJECTING THE
APPLICATION FOR TEMPORARY PERMIT
SUBMITTED BY THE 3RD RESPONDENT
Exhibit P-3 TRUE COPY OF THE MEMORANDUM OF APPEAL
WITHOUT EXHIBITS IN MVAA NO.46/2025
DATED 02-02-2025
Exhibit P-4 TRUE COPY OF THE TEMPORARY PERMIT ISSUED
TO THE 3RD RESPONDENT BY THE 2ND
RESPONDENT IN ACCORDANCE WITH THE ORDER
IN M.P.NO.413/2025 IN MVAA NO.46/2025
DATED 19-04-2025
Exhibit P-5 TRUE COPY OF THE M.P.NO.1000/2025 IN
MVAA NO.46/2025 DATED 19.04.2025
Exhibit P-6 TRUE COPY OF THE JUDGMENT OF THE STATE
TRANSPORT APPELLATE TRIBUNAL IN MVAA NO.
46/2025 DATED 17.05.2025
Exhibit P-7 TRUE COPY OF THE TEMPORARY PERMIT ISSUED
BY THE 2ND RESPONDENT DATED 30-05-2025
Exhibit P-8 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 02-06-2025
