Citation : 2025 Latest Caselaw 8558 Ker
Judgement Date : 10 September, 2025
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1099 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.21280 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/4TH RESPONDENT:
KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, PATTOM, THIRUVANANTHAPURAM,, PIN - 695004
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 TO 3:
1 SUBIN JACOB
AGED 51 YEARS
S/O JACOB JOSE, KUZHIKKATTU HOUSE, THADIYANPADU
P.O., IDUKKI, PIN - 685602
2 THE GOVERNMENT OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE REGIONAL TRANSPORT AUTHORITY, IDUKKI
REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O.,
IDUKKI, PIN - 685603
4 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, IDUKKI, COLLECTORATE
P.O., KOTTAYM, PIN - 685603
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
2
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1112/2025, 1118/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1112 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.40312 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT PO,THIRUVANANTHAPURAM., PIN - 695023
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 & 2:
1 SURESH KUMAR.V.K
AGED 54 YEARS S/O. KRISHNAN NAIR, VATTAPPAAMBIL
HOUSE, DESOM.P.O., ALUVA. ERNAKULAM DISTRICT,
PIN - 683516
2 THE REGIONAL TRANSPORT AUTHORITY
VATAKARA, REPRESENTED BY ITS SECRETARY, REGIONAL
TRANSPORT OFFICER, VATAKARA., PIN - 673101
3 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
OFFICE, VATAKARA,, PIN - 673101
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1118 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.39608 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:
KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, EAST FORT, FORT,
THIRUVANANTHAPURAM, REPRESENTED BY MANAGING
DIRECTOR,, PIN - 695023
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 & 2:
1 M.P.JOY
AGED 55 YEARS, S/O. PAULOSE, MANGALATHU
PUTHENPURAYIL HOUSE, KOORACHUND POST, KOZHIKODE
DISTRICT, PIN - 673527
2 THE REGIONAL TRANSPORT AUTHORITY
MALAPPURAM, REPRESENTED BY ITS SECRETARY, REGIONAL
TRANSPORT OFFICE, PIN - 676001
3 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
OFFICE, MALAPPURAM, PIN - 676001
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1128 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.24613 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/7TH RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED
BY ITS MANAGING DIRECTOR,, PIN - 695014
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONERS 1 TO 3 AND RESPONDENTS 1 TO 6:
1 BABY JOSEPH
AGED 64 YEARS,S/O JOSEPH, VARALIKARA HOUSE,
KOODAPPULAM P.O, RAMAPURAM, PALA, KOTTAYAM,, PIN -
686576
2 ABRAHAM.T.
AGED 74 YEARS,S/O. JOSEPH, THANNIYAPLACAL HOUSE,
ANICKADU.P.O., PALLIKKATHODU, KOTTAYAM,, PIN -
689503
3 JUSTIN
AGED 53 YEARS,S/O. GEORGE, KATTOM PARAMBIL,
KONGNDOOR.P.O.,AYARKUNNAM.P.O., KOTTAYAM,, PIN -
686122
4 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
6
5 THE TRANSPORT COMMISSIONER
MOTOR VEHICLE DEPARTMENT, TRANSPORT TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
6 THE REGIONAL TRANSPORT AUTHORITY
KANNUR, REPRESENTED BY ITS SECRETARY, PIN - 670002
7 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
KANNUR,, PIN - 670002
8 THE REGIONAL TRANSPORT AUTHORITY
KOTTAYAM, REPRESENTED BY ITS SECRETARY,, PIN -
686001
9 THE SECRETARY
REGIONAL RANSPORT AUTHORITY, CIVIL STATION,
KOTTAYAM,, PIN - 680001
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1133 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.24665 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/5TH RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED
BY ITS MANAGING DIRECTOR, PIN -, PIN - 695014
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONERS 1 & 2 AND RESPONDENTS 1 TO 4:
1 ABDULLAKUTTY
AGED 45 YEARS,S/O. KUNHIMOIDU,MANGADAN HOUSE,
CHERUSHOLA, PLATHARA, KOTTAKKAL, MALAPPURAM,, PIN -
676503
2 MOOSA.P.K.
AGED 68 YEARS,S/O KOMU HAJI,PARUTHIKUNNAN HOUSE,
KARIMOOCHIKKAL, KUTTIPALA.P.O, MALAPPURAM
DISTRICT,, PIN - 676501
3 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
4 THE TRANSPORT COMMISSIONER
MOTOR VEHICLE DEPARTMENT, TRANSPORT TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
8
5 THE REGIONAL TRANSPORT AUTHORITY
MALAPPURAM, CIVIL STATION, REPRESENTED BY ITS
SECRETARY,, PIN - 676001
6 THE SECRETARY
REGIONAL, TRANSPORT AUTHORITY, CIVIL STATION,
MALAPPURAM,, PIN - 676001
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1139 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.21198 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/4TH RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN -
695004
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 TO 3:
1 N.M. BIJU
AGED 50 YEARS, S/O.MATHAI, NELLICKAPARAMBIL HOUSE,
KELAKOM P.O., KANNUR, PIN - 670674
2 THE GOVERNMENT OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE REGIONAL TRANSPORT AUTHORITY
KOTTAYAM, REPRESENTED BY ITS SECRETARY,
COLLECTORATE P.O., KOTTAYAM, PIN - 686002
4 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, KOTTAYAM,
COLLECTORATE P.O., KOTTAYAM,, PIN - 686002
SRI. P. SANTHOSH KUMAR, SPL. G.P.
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
10
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1141 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.21756 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT P O, THIRUVANANTHAPURAM, PIN - 695023
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 & 2:
1 SABEENA TOMY
AGED 53 YEARS W/O. TOMY MATHEW, CHITTAPANATTU
HOUSE, MUNDAKAYAM.P.O., MUNDAKAYAM, KOTTAYAM
DISTRICT, PIN - 686513
2 THE REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY SECRETARY, CIVIL STATION, PAINAVU,
IDUKKI,, PIN - 685603
3 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,CIVIL STATION.P.O.,
PAINAVU, IDUKKI, PIN - 685603
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1148 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.20813 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT PO,THIRUVANANTHAPURAM,, PIN - 695023
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/ PETITIONER AND RESPONDENTS 1 & 2:
1 THOMAS GEORGE
AGED 45 YEARS, S/O.GEORGE THOMAS,KONDODICKAL HOUSE,
THOTTAKKD.P.O., KOTTAYAM DISTRICT,, PIN - 686539
2 THE REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY SECRETARY, CIVIL STATION, PAINAVU,
IDUKKI,, PIN - 685603
3 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,CIVIL STATION.P.O.,
PAINAVU, IDUKKI,, PIN - 685603
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
RP NO. 1150 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN WP(C)
NO.19633 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/5TH RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED
BY ITS MANAGING DIRECTOR, PIN -, PIN - 695014
BY ADV SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/PETITIONER/ RESPONDENTS 1 TO 4:
1 SHAJI MATHEW
AGED 57 YEARS,S/O. MATHEW, CHITTAPPANATTU HOUSE,
CHOTTANIKARA.P.O. ERUVELY, KAYANANNOOR,
THRIPUNITHURA, ERNAKULAM., PIN - 682312
2 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,1, PIN - 695001
3 THE TRANSPORT COMMISSIONER
MOTOR VEHICLE DEPARTMENT, TRANSPORT TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM,, PIN - 695014
4 THE REGIONAL TRANSPORT AUTHORITY,
IDUKKI, REPRESENTED BY ITS SECRETARY,
PIN - 685603
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
14
5 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION.P.O.,
IDUKKI,, PIN - 685603
SRI. P. SANTHOSH KUMAR, SPL. G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.09.2025, ALONG WITH RP.1099/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:67572
RP NO.1099/2025 AND CONN.CASES
15
ORDER
[RP Nos.1099/2025, 1112/2025, 1118/2025, 1128/2025,
1133/2025, 1139/2025, 1141/2025, 1148/2025, 1150/2025]
These review petitions are filed challenging the judgment of
this Court dated 01.08.2025 in WP(C) No.39608 of 2024 and connected
cases. The contention sought to be raised is that Ext.R3(a) scheme in
RP No.1118 of 2025 was not considered while rendering the judgment.
All the schemes were considered while finding that the case of the
petitioner was squarely covered by the judgment in KSRTC and
Others v. Saju Varkey [2018 (4) KLJ 145], and that the subsequent
scheme brought in was also quashed by this Court.
2. Review powers are designed to correct clear mistakes
rather than re-examine the merits of a decision. A review cannot
morph into an appeal where a decision is simply reconsidered and
potentially amended. Errors must be readily apparent in the record
without requiring extensive investigation; if discovering the error
necessitates a detailed examination, it does not qualify for review.
Courts cannot reevaluate evidence or reach different conclusions
merely because alternative interpretations exist. Once a court has 2025:KER:67572 RP NO.1099/2025 AND CONN.CASES
made a factual finding based on the appreciation of facts, law, and
circumstances, that finding can only be contested on the grounds of a
clear error, not by reiterating previous arguments. Additionally,
issues already addressed cannot be revisited merely due to a different
perspective. Reviews are not for trivial mistakes and should not
resemble an original case hearing. Material errors must be manifestly
apparent or result in a miscarriage of justice.
I do not find any error apparent at all on the face of the
records. The review cannot be converted into a second hearing in
disguise, and the reviews will stand dismissed.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ 2025:KER:67572 RP NO.1099/2025 AND CONN.CASES
PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE ORDER DATED 29.08.2025 IN KERALA STATE ROAD TRANSPORT CORPORATION VS. RAJESH K JACOB AND ORS.
IN SLP (CIVIL) DIARY NO. 36057 OF 2025 OF THE HON'BLE SUPREME COURT
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