Kerala High Court
Shamsudheen Madasseri vs The Regional Transport Authority on 9 October, 2025
2025:KER:74923
W.P.(C) No.9419 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 9419 OF 2025
PETITIONERS:
1 SHAMSUDHEEN MADASSERI,
AGED 62 YEARS, S/O. KAMMUKUTTY HAJI,
MADASSERI HOUSE,
ANAMANGAD P.O., PERINTHALMANNA, PIN-679357
2 MOHANDAS U.K.,
AGED 55 YEARS, S/O RAMANKUTTY,
UNIKATH KANNATH, VILAYUR P.O.,
PALAKKAD, PIN-679308
3 PRIVATE BUS OPERATORS ASSOCIATION,
REG. NO.609/1993 - TCR],
PERINTHALMANNA UNIT, PERINTHALMANNA,
REPRESENTED BY ITS SECRETARY,
K. MOHAMMED ALI HAJI,
PIN-679322
BY ADV SHRI.LAVARAJ M.G.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY ITS SECRETARY,
CIVIL STATION, PALAKKAD, PIN-678001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION P.O., PALAKKAD, PIN-678001
3 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695034
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W.P.(C) No.9419 of 2025
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4 HAMEED KURIKKAL,
S/O. MOHAMMED KURIKKAL, AGED 53 YEARS,
MANCHERI HOUSE,
VETTIKKATTIRI P.O., VALLUVANGAD,
PANDIKKAD, MALAPPURAM, PIN-679561
5 THE REGIONAL TRANSPORT AUTHOITY,
REPRESENTED BY ITS SECRETARY,
CIVIL STATION P.O., MALAPPURAM, PIN-676505
BY ADVS.
SRI.P.C.CHACKO(PARATHANAM)
SRI.O.D.SIVADAS
SRI. SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.9419 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No.9419 of 2025
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Dated this the 9th day of October, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
"i. to issue a writ of mandamus or such other
writs, order or direction, directing the Secretary,
RTA, Palakkad to send the files relating to the
permit on the route Mannarkkad-Vazhikkadavu-
Pattambi to the Secretary, RTA, Malappuram for
including the file in the office records of RTA,
Malappuram, as major portion of the varied
permit is within the jurisdiction of RTA,
Malappuram;
ii. issue a writ of mandamus or such other writs,
order or direction, directing the 2nd respondent
Secretary, Regional Transport Authority,
Palakkad not to convene the timing conference
scheduled to be held on 12.3.2025 in respect of
the temporary permit on the route Mannarkkad-
Vazhikkadavu-Pattambi for 4th respondent
without specifying the vehicle for which the
timing conference is scheduled to be held and
2025:KER:74923
which authority is the competent authority to
deal with the matter;
iii. to grant such other reliefs as this Honorable
Court may deem fit and proper."
2. It is submitted by the learned counsel for the
petitioner that the 4th respondent had moved the State Transport
Appellant Tribunal by filing M.V.A.A. No.7/2025 against the rejection
of their renewal application. The petitioner is aggrieved by the grant
of an interim order by the Tribunal, directing consideration of the
application for a temporary permit. It is submitted by the learned
counsel that M.V.A.A. No.7/2025, in which the petitioners got
themselves impleaded as seen from Ext.P6 and was heard and is
reserved for judgment two months back.
3. Based on the above submission, a report was called for
from the State Transport Appellate Tribunal, and a communication
has been received on 26.09.2025 stating that M.V.A.A. No.7/2025 is
currently posted to 10 October 2025 and that it can be disposed of
within ten days thereafter. It is also stated that the case was not
reserved for judgment earlier. This is recorded.
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4. In view of the above communication, there will be a
direction to the State Transport Appellate Tribunal to finally dispose
of M.V.A.A. No.7/025 within two weeks from the date of receipt of a
copy of this judgment.
5. All the contentions of the parties are left open.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
AJ/bpr
2025:KER:74923
APPENDIX OF WP(C) 9419/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT
NO.KL1010/5109/1994 ON THE ROUTE PATTAMBI
- UPPUKULAM DATED 8.5.2023
Exhibit P2 TRUE COPY OF THE PETITION FOR DIRECTION
SUBMITTED BY THE 4TH RESPONDENT BEFORE
THE TRIBUNAL DATED 6.1.2025
Exhibit P3 TRUE COPY OF THE NOTICE OF TIMING
CONFERENCE DATED 01.03.2025
Exhibit P4 TRUE COPY OF THE NOTICE ADJOURNING TIMING
CONFERENCE DATED 04.03.2025
Exhibit P5 TRUE COPY OF THE IMPLEADING PETITION
DATED 6.03.2025 IN MVAA NO.7/2025
Exhibit P6 TRUE COPY OF THE STAY PETITION DATED
RESPONDENTS' EXHIBITS
Exhibit R4(a) TRUE COPY OF THE JUDGMENT DATED
26.08.2013 RENDERED BY THIS HON'BLE COURT
IN W.A.NO.1036 OF 2013
Exhibit R4(b) TRUE COPY OF THE JUDGMENT DATED
24.01.2012 IN WA NO. 62 OF 2012 RENDERED
BY THIS HON'BLE COURT
