Kerala High Court
Simon Abraham vs The Secretary, Regional Transport ... on 15 September, 2025
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 31584 OF 2025
PETITIONER/S:
SOORAJ P V,
AGED 36 YEARS
S/O.RAJAN,PUTHIYAVEETTIL, 19TH MILE,
CHAVASSERRI,KANNUR, PIN - 670702
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENT/S:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR,
CIVIL STATION, EDAPALLY PANVEL HIGHWAY, KANNUR, PIN -
670002
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2025, ALONG WITH WP(C).31164/2025, 31190/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 31164 OF 2025
PETITIONER/S:
JIJO K JOSE,
AGED 49 YEARS
S/O.JOSE JOSEPH,KUDIYIRUPPIL, MARANGATTUPILLY,
ELACKAD,KOTTAYAM DISTRICT, PIN - 686635
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENT/S:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM,
CIVIL STATION, KAKKANAD,ERNAKULAM DISTRICT,
PIN - 682030
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2025, ALONG WITH WP(C).31584/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 31190 OF 2025
PETITIONER/S:
K.S AJANTHKUMAR,
AGED 48 YEARS
S/O. SUKUMARAN, RESIDING AT KUZHUPPILLYKUNNEL HOUSE,
PANTHALLOORELA, NELLAYI, THRISSUR DISTRICT, PIN -
680305
BY ADVS.
SHRI.M.JITHESH MENON
SRI.P.G.MAHESHKUMAR
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THRIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
MOTOR VEHICLES DEPARTMENT, TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR,
CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 680003
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
4
4 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY THRISSUR, CIVIL STATION,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
5 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695014
BY ADV.
SHRI.AKHIL SURESH, SC, KERALA STATE ROAD TRANSPORT
CORPORATION KSRTC
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2025, ALONG WITH WP(C).31584/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 32559 OF 2025
PETITIONER/S:
SIMON ABRAHAM,
AGED 47 YEARS
S/O ABRAHAM KOONTHAMATTATHIL HOUSE, MONIPALLY PO,
KOTTAYAM DISTRICT, PIN - 686636
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENT/S:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682003
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2025, ALONG WITH WP(C).31584/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
6
JUDGMENT
[WP(C) Nos.31584/2025, 31164/2025, 31190/2025, 32559/2025]
The common issue in these writ petitions pertains to the refusal
of the respondents to renew the permits of the stage carriage operators as
LSOS and granting permits only as ordinary service, in view of a
notification dated 3-5-2023.
2. Both sides submit that these cases are covered by the judgment of
this Court in W.P.(C) No.18290/2023 and connected cases and which is
confirmed in W. A No. 1821/2024 and connected cases, wherein the
notification relied on was quashed, and the same applies to the stage
carriages plying in routes less than 140 Kilometers.
3. Given the above, these writ petitions are hereby allowed. The
interim orders granted in these cases are made absolute. However, it is
made clear that this judgment will be subject to any decision to be passed
in the appeal against the judgment of the Division Bench referred to
above.
SD/-
MOHAMMED NIAS C.P.
JUDGE
JJ
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
APPENDIX OF WP(C) 31584/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED
VALID TILL 22.11.2023
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE
REGIONAL TRANSPORT AUTHORITY KANNUR DATED
20.2.2024
Exhibit P3 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN W.P.(C)NO. 29560 OF 2025
DATED 8.8.2025
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
APPENDIX OF WP(C) 31164/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED
VALID TILL 25.7.2024
Exhibit P2 TRUE COPY OF THE RENEWED PERMIT ISSUED TO
THE PETITIONER DATED 20.6.2025 VALID UPTO
25.7.2029
Exhibit P3 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN W.P.(C)NO. 29560 OF 2025
DATED 8.8.2025
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
APPENDIX OF WP(C) 31190/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DRAFT SCHEME WAS FINALIZED
ON 03.05.2023 VIDE NOTIFICATION G.O(P) NO.
13/2023/TRANS DATED 03.05.2023, PUBLISHED
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
DECISION OF THE 3RD RESPONDENT DATED
13.08.2024, GRANTING THE RENEWAL TO OPERATE
ONLY AS 'ORDINARY SERVICE'
Exhibit P3 TRUE COPY OF THE STAGE CARRIAGE PERMIT
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER DATED 29.01.2025 AS 'ORDINARY
SERVICE'
Exhibit P4 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT DATED 03.07.2025 IN
WP(C) NO. 24293 OF 2025
2025:KER:68470
WP(C) NO.31584 OF 2025 & CONN.
APPENDIX OF WP(C) 32559/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED
VALID TILL 22.11.2023
Exhibit P2 TRUE COPY OF THE RENEWED PERMIT VALID UP TO
31.12.2028 DATED 3/01/2025
Exhibit P3 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN W.P.(C)NO. 29560 OF 2025
DATED 8.8.2025
