Citation : 2026 Latest Caselaw 1539 Ker
Judgement Date : 12 February, 2026
WP(C) NO. 3386 and 3482 OF 2026
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2026:KER:12934
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
WP(C) NO. 3386 OF 2026
PETITIONERS:
1 PALLAVI V.,
AGED 33 YEARS
W/O VIGNESH KARTHI, PURAYATH HOUSE, MANKARA P.O.,
PALAKKAD, PIN - 678613
2 G. NARAYANASWAMY,
AGED 57 YEARS
S/O GOVINDARAJ, KALLAMPARAMBU, RVC ROAD, VALLANGHY,
NEMMARA P.O., PALAKKAD, PIN - 678508
BY ADVS.
SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SHRI.DENNISE JACOB SAVY
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, REPRESENTED BY ITS SECRETARY, REGIONAL
TRANSPORT OFFICE, PALAKKAD, PIN - 678001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REGIONAL
TRANSPORT OFFICE, PALAKKAD, PIN - 678001
3 P. GANGADHARAN,
S/O PONNUCHAMI, KARAKKOTTUPURAM, THEKKUMKUNNAM,
KOTTEKKAD, PALAKKAD, PIN - 678732
WP(C) NO. 3386 and 3482 OF 2026
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SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, ALONG WITH WP(C).3482/2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 3386 and 3482 OF 2026
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2026:KER:12934
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
WP(C) NO. 3482 OF 2026
PETITIONERS:
1 MANJULA S.,
AGED 46 YEARS
W/O DHANPAL, SURABHI, GANESH NAGAR, SEKHARIPURAM,
PALAKKAD, PIN - 678001
2 K. BALAKRISHNAN,
AGED 68 YEARS
S/O KUNJU, KUNNUPARAMBIL HOUSE, PERUVEMBA P.O.,
PALAKKAD, PIN - 678531
BY ADVS.
SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SHRI.DENNISE JACOB SAVY
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, REPRESENTED BY ITS SECRETARY, REGIONAL
TRANSPORT OFFICE, PALAKKAD, PIN - 678001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REGIONAL
TRANSPORT OFFICE, PALAKKAD, PIN - 678001
3 SOMAN P.,
S/O PONNUCHAMI, KARAKKOTTUPURAM, THEKKUMKUNNAM,
WP(C) NO. 3386 and 3482 OF 2026
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KOTTEKKAD, PALAKKAD, PIN - 678732
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, ALONG WITH WP(C).3386/2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 3386 and 3482 OF 2026
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2026:KER:12934
JUDGMENT
[WP(C) Nos.3386/2026, 3482/2026]
These writ petitions are filed with the following prayers:
"1.Declare that the regular permit granted to the 3rd Respondent by Exhibit P3 decision of the RTA stands cancelled/revoked by operation of R.159(2) of the Kerala Motor Vehicle Rules, 1989 on account of the failure on the part of the 3rd Respondent to produce the current records of a suitable stage carriage within the maximum time allowed by the RTA by Exhibit P4 decision.
2.Issue a writ in the nature of mandamus or such other writ, order or direction interdicting the 2nd Respondent from issuing the regular permit granted by Exhibit P3 decision of the RTA on account of the failure on the part of the 3rd Respondent to produce the current records of a suitable stage carriage within the maximum time allowed by the RTA by Exhibit P4 decision.
3.Dispense with the English translation of the vernacular Exhibit until such time as otherwise ordered by this Honorable Court. 4.Issue such other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."
2. Both sides submitted that the issue raised in these cases has
been covered by the judgment of this Court in W.P.(C) No.36460/2025
and connected cases dated 05.02.2026. WP(C) NO. 3386 and 3482 OF 2026
2026:KER:12934
3. Accordingly, there will be a direction to the competent
among the official respondents to pass orders on the applications for
regular permits in question, in terms of the judgment referred above,
within two months from the date of receipt of a copy of this judgment.
The writ petitions are disposed of as above.
Sd/-MOHAMMED NIAS C.P. JUDGE
lsn WP(C) NO. 3386 and 3482 OF 2026
2026:KER:12934
APPENDIX OF WP(C) NO. 3386 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PERMIT ISSUED TO THE FIRST PETITIONER DATED 07-08-2025 Exhibit P2 A TRUE COPY OF THE PERMIT ISSUED TO THE 2ND PETITIONER DATED 04-08-2022 Exhibit P3 A TRUE COPY OF THE DECISION OF THE RTA DATED
Exhibit P4 A TRUE COPY OF THE DECISION OF THE RTA DATED 23.09.2025 Exhibit P5 A TRUE COPY OF THE DECISION REPORTED IN 2003 KHC 1126 ( SEETHAL VS RTA TRICHUR) Exhibit P6 A TRUE COPY OF THE DECISION REPORTED IN 2015 (4) KHC 131( JOY PV VS RTA THRISSUR ) Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 20.01.2026 SUBMITTED BY THE FIRST PETITIONER Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 20.01.2026 SUBMITTED BY THE 2ND PETITIONER Exhibit P 9 A TRUE COPY OF THE TIMING CONFERENCE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 02/02/2026 Exhibit P 10 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 3RD RESPONDENT'S VEHICLE TAKEN FROM THE PARIVAHAN PORTAL WP(C) NO. 3386 and 3482 OF 2026
2026:KER:12934
APPENDIX OF WP(C) NO. 3482 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PERMIT ISSUED TO THE FIRST PETITIONER Exhibit P2 A TRUE COPY OF THE PERMIT ISSUED TO THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE DECISION OF THE RTA DATED 19.06.2025 IN ITEM NO. 03 (RELEVANT PORTION) Exhibit P4 A TRUE COPY OF THE DECISION OF THE RTA DATED 23.09.2025 Exhibit P5 A TRUE COPY OF THE DECISION REPORTED IN 2003 KHC 1126 Exhibit P6 A TRUE COPY OF THE DECISION REPORTED IN 2015 (4) KHC 131 Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 20.01.2026 SUBMITTED BY THE FIRST PETITIONER Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 20.01.2026 SUBMITTED BY THE 2ND PETITIONER
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