[Cites 0, Cited by 0]
Kerala High Court
Suhail vs The Regional Transport Authority, ... on 7 January, 2026
WP(C) Nos. 39813 OF 2025 &
41186 OF 2025 1
2026:KER:588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 39813 OF 2025
PETITIONERS:
1 SUHAIL,
AGED 30 YEARS
S/O ABDUL RAZAK, THADATHIL HOUSE,
MARUTHINCHIRA,MARAKKAR POST, MALAPPURAM DISTRICT,
PIN - 676510
2 MOHAMMED SHAREEF,
AGED 42 YEARS
S/O KUNHEEDU,MELEPEEDIYAKKAL HOUSE, ATHIPATTA,
EDAYUR PO,MALAPPURAM DISTRICT, PIN - 676552
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
REPRESENTED BY ITS SECRETARY,CIVIL STATION, UPHILL ,
MALAPPURAM, PIN - 676505
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM CIVIL STATION, UPHILL ,MALAPPURAM,
PIN - 676505
3 KSRTC, REPRESENTED BY MANAGING DIRECTOR TRANSPORT,
BHAVAN, FORT, TRIVANDRUM DISTRICT, PIN - 695023
4 MUHAMMED KUTTY,
S/O KUNJI MOIDEEN HAJI, ADVANNY HOUSE, VADAKKUMPURAM,
EDAYOOR, VALACHERRY MALAPPURAM, PIN - 676552
R1 & R2 BY SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
R3 BY SRI. AKHIL SURESH, SC.
R4 BY ADV SRI.O.D.SIVADAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 39813 OF 2025 &
41186 OF 2025 2
2026:KER:588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 41186 OF 2025
PETITIONER:
MOHAMMED KUTTY,
AGED 57 YEARS
S/O. KUNHIMOIDEEN HAJI, ADUVANNI, C.K.PARA,
VADAKKUMPURAM, EDAYOOR, VALANCHERRYM MALAPPURAM
DISTRICT, PIN - 676552
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, MALAPPPURAM, REPRESENTED BY ITS
SECRETARY, PIN - 676505
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL
STATION, MALAPPPURAM, PIN - 676505
3 SUHAIL,
S/O. ABDUL RAZAK, THADATHIL HOUSE, MARUTHINCHIRA,
MARAKKAR POST, MALAPPURAM DISTRICT, PIN - 676510
4 MOHAMMED SHAREEF,
S/O. KUNHEEDU, MELEPEEDIYAKKAL HOUSE, ATHIPATTA,
EDAYOOR.P.O., MALAPPURAM DISTRICT, PIN - 676552
R1 & R2 BY SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
R3 & R4 BY ADV SHRI.K.V.GOPINATHAN NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 39813 OF 2025 &
41186 OF 2025 3
2026:KER:588
JUDGMENT
The petitioners in W.P.(C.) No. 39813/2025 challenge Ext.P6 proceedings
through which a fresh permit was granted to the fourth respondent. The
petitioners have an effective alternate statutory remedy against the same
before the State Transport Appellante Tribunal.
2. If the petitioners file a revision within ten days from today, the
same shall be considered on its merits with notice to the fourth respondent
herein. All the contentions of the parites are left open.
The writ petition is closed as above.
The fourth respondent in W.P.(C.) No. 39813/2025 has preferred W.P.(C.)
No. 41186/2025 challeging Ext. P5 proceedings through which timing
conference was scheduled. The petitioner would contend that item No. 4 in
Ext. P5 pertains to the stage carriage of the writ petitioner in W.P.(C.) No.
41186/2025 while item No. 16 pertains to the stage carriage of the 1st petitioner
in W.P.(C.) No. 39813/2025, for revision of timings. The petitioner in W.P.(C.)
No. 41186/2025 would contend that the filing of W.P.(C.) No. 39813/2025 was
intended to secure the timings which was proposed by the petitioner in W.P.
(C.) No. 41186/2025 in whose favour the grant was made.
WP(C) Nos. 39813 OF 2025 &
2026:KER:588
2. Be that as it may, there will be a direction to the second respondent
in W.P.(C.) No. 41186/2025 to consider the contentions of the petitioner and
respondents 3 and 4 and pass a speaking order referring to their contentions.
Fresh orders as directed above shall be passed within six weeks from the date
of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DCS
WP(C) Nos. 39813 OF 2025 &
2026:KER:588
APPENDIX OF WP(C) NO. 39813 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT OF THE 1ST
PETITIONER IN RESPECT OF STAGE CARRIAGE KL
55/Y 7480
Exhibit P2 TRUE COPY OF THE REGULAR PERMIT OF THE PERMIT
OF 2ND PETITIONER IN RESPECT OF STAGE
CARRIAGE KL 53/B 1001
Exhibit P3 THE ACTUAL DISTANCE OF THE ROUTE COMES ONLY
45 KM. ROUGH SKETCH OF THE ROUTE
Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE FIRST
PETITIONER
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE
SECOND PETITIONER
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF DECISION OF
THE FIRST RESPONDENT IN ITEM NUMBER 9 OF THE
MEETING DATED 5.7.2025
EXHIBIT P7 TRUE COPY OF THE REPORT INCLUDING THE SKETCH
AND TRIPS RELATING TO THIS APPLICATION
RESPONDENT EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE REPORT DATED 29.06,2024 OF
THE MOTOR VEHICLE INSPECTOR
EXHIBIT R4(B) THE COPY OF THE APPLICATION FOR REVISION OF
TIMING DATED 25.06.2025 SUBMITTED BY THE 1ST
PETITIONER
EXHIBIT R4(C). THE TRUE COPY OF THE NOTICE OF TIMING
CONFERENCE DATED 24.10.2025 ISSUED BY THE 2ND
RESPONDENT
APPENDIX OF WP(C) NO. 41186 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUTE ENQUIRY REPORT
DATED 29.06.2024 OF THE MOTOR VEHICLE
INSPECTOR
Exhibit P2 THE COPY OF THE DECISION OF THE 1ST
RESPONDENT VIDE ITEM NO. 9 BEARING NO.
10RTA/13/2024 KL10 DATED 5.07.2025
WP(C) Nos. 39813 OF 2025 &
2026:KER:588
Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER ISSUED BY
THIS HON'BLE COURT IN WP(C) NO. 39813 OF 2025
DATED 25.10.2025
Exhibit P4 THE COPY OF THE APPLICATION DATED 25.06.2025
SUBMITTED FOR REVISION OF TIMING OF STAGE
CARRIAGE BEARING NO. KL 55/Y 7480
Exhibit P5 THE TRUE COPY OF NOTICE OF TIMING CONFERENCE
DATED 24.10.2025 ISSUED BY THE 2ND RESPONDENT
