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Kerala High Court
Nisari Santhosh vs The Regional Transport Authority on 6 January, 2026
WP(C) NO. 42907 OF 2025 and conn.cases
1
2026:KER:232
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 42907 OF 2025
PETITIONERS:
1 NISARI SANTHOSH,
AGED 50 YEARS
S/O.NARAYNA KURUP, VELLIKULANGARA, ONCHIYAM, KOZHIKODE, PIN
- 673016
2 BAIJU M.K.,
AGED 58 YEARS
S/O. M.K. DIVAKARAN, SURAJ, MELAKUZHIKANDY, PALAZHI ROAD,
NELLIKKODE PO, KOZHIKODE DISTRICT
BY ADVS.
SRI.O.D.SIVADAS
SMT.AKSHAYA ANURAJ P. A.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
VATAKARA, REPRESENTED BY ITS SECRETARY, KOZHIKODE, PIN -
673104
2 THE SECRETARY,
REGIONAL TRANSPORT OFFICE, VATAKARA, REGIONAL TRANSPORT
OFFFICER, VATAKARA, KOZHIKODE DISTRICT, PIN- 673 104.
3 BABURAJAN,
AGED 56 YEARS
S/O. UNNI NAIR, AGED 56 YEARS, ANIYACHALIL HOUSE,
KOKKALLUR.P.O., BALUSSERY, KOZHIKODE GOKULAM LOGISTICS PVT.
LTD., GOKULAM TOWER, VATAKARA,KOZHIKODE DISTRICT, PIN -
WP(C) NO. 42907 OF 2025 and conn.cases
2
2026:KER:232
673612
BY ADVS.
SRI.MILLU DANDAPANI
SMT.MEENAKSHI S.
SMT.BINTA THERESE JIMMY
SMT.SUMATHY DANDAPANI (SR.)
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2026, ALONG WITH WP(C).43018/2025, 43042/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42907 OF 2025 and conn.cases
3
2026:KER:232
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 43018 OF 2025
PETITIONERS:
1 NISARI SANTHOSH,
AGED 50 YEARS
S/O.NARAYNA KURUP,VELLIKULANGRA, ONCHIYAM, KOZHIKODE, PIN -
673012
2 BAIJU M.K.,
AGED 58 YEARS
S/O. M.K. DIVAKARAN, SURAJ, MELAKUZHIKANDY, PALAZHI ROAD,
NELLIKKODE PO, KOZHIKODE, PIN - 673016
BY ADV SRI.O.D.SIVADAS
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
VATAKARA, REPRESENTED BY ITS SECRETARY, KOZHIKODE DISTRICT,
PIN - 673104
2 THE SECRETARY,
REGIONAL TRANSPORT OFFICE, VATAKARA, REGIONAL TRANSPORT
OFFFICER, VATAKARA, KOZHIKODE DISTRICT, PIN - 673104
3 BABURAJAN,
AGED 56 YEARS
S/O. UNNI NAIR, ANIYACHALIL HOUSE, KOKKALLUR.P.O.,
BALUSSERY, KOZHIKODE, GOKULAM LOGISTICS PVT. LTD., GOKULAM
TOWER, VATAKARA, KOZHIKODE DISTRICT, PIN - 673612
WP(C) NO. 42907 OF 2025 and conn.cases
4
2026:KER:232
BY ADVS.
SRI.MILLU DANDAPANI
SMT.BINTA THERESE JIMMY
SMT.MEENAKSHI S.
SMT.SUMATHY DANDAPANI (SR.)
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2026, ALONG WITH WP(C).42907/2025 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42907 OF 2025 and conn.cases
5
2026:KER:232
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 43042 OF 2025
PETITIONERS:
1 NISARI SANTHOSH,
AGED 50 YEARS
S/O.NARAYNA KURUP,VELLIKULANGRA, ONCHIYAM, KOZHIKODE, PIN -
673012
2 BAIJU M.K.,
AGED 58 YEARS
S/O. M.K. DIVAKARAN, SURAJ, MELAKUZHIKANDY, PALAZHI ROAD,
NELLIKKODE PO, KOZHIKODE, PIN - 673016
BY ADVS.
SRI.O.D.SIVADAS
SMT.AKSHAYA ANURAJ P. A.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
AGED 58 YEARS
VATAKARA, REPRESENTED BY ITS SECRETARY, KOZHIKODE DISTRICT,
PIN - 673104
2 THE SECRETARY,
REGIONAL TRANSPORT OFFICE, VATAKARA, REGIONAL TRANSPORT
OFFFICER, VATAKARA, KOZHIKODE DISTRICT, PIN - 673104
3 BABURAJAN,
AGED 56 YEARS
S/O. UNNI NAIR, ANIYACHALIL HOUSE, KOKKALLUR.P.O.,
WP(C) NO. 42907 OF 2025 and conn.cases
6
2026:KER:232
BALUSSERY, KOZHIKODE, GOKULAM LOGISTICS PVT. LTD., GOKULAM
TOWER, VATAKARA, KOZHIKODE DISTRICT, PIN-673 101
BY ADVS.
SRI.MILLU DANDAPANI
SMT.BINTA THERESE JIMMY
SMT.MEENAKSHI S.
SMT.SUMATHY DANDAPANI (SR.)
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2026, ALONG WITH WP(C).42907/2025 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42907 OF 2025 and conn.cases
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JUDGMENT
[WP(C) Nos.42907/2025, 43018/2025, 43042/2025]
These petitions are filed by the present Directors of M/s. Gokulam
Logistics Pvt. Ltd., Vatakara. The 3rd respondent in these writ petitions is
also a Director of the Company, who is stated to be the Executive Director of
M/s. Gokulam Logistics Pvt. Ltd. incorporated on 18.07.2011. The petitioners
herein would allege that the 3rd respondent is not the Executive Director of
the Company and that he is only one of the Directors of the Company. The
Company is engaged, inter alia, in the business of operating bus services and
goods carriages.
2. As per Ext.P7 orders in W.P.(C) Nos. 43042/2025 and 43018/2025 and
Ext.P10 order in W.P.(C) No.42907/2025, the applications filed for renewal of
the stage carriage permit by the 3rd respondent, was objected to by the
petitioners herein on the ground that the 3rd respondent was not the
Executive Director of the Company and that he had no right to seek the
renewal. The Transport Authority accepted the contentions and rejected the
applications for renewal, which the 3rd respondent challenged before the
WP(C) NO. 42907 OF 2025 and conn.cases
2026:KER:232
State Transport Appellate Tribunal. Ext.P10 is the interim order impugned
in W.P.(C) No. 42907/2025, while Ext.P7 is the interim order impugned in
W.P.(C) Nos. 43042/2025 and 43018/2025, respectively.
3. The Tribunal found that allowing the vehicle to remain idle without
a permit until the disposal of the appeal would result in irreparable loss and
hardship to the company and its shareholders. It further found that the
appellant's possession of the vehicle before the Tribunal was legal. In that
view of the matter, taking into account the interest of the shareholders and
the possibility of the vehicle getting damaged, the Tribunal directed the
Transport Authorities to issue a regular permit till the disposal of the
appeal.
4. After hearing the learned counsel for the petitioners and the learned
Senior Counsel for the 3rd respondent and perusing the interim order
passed by the Tribunal and, in particular, the reasons for passing the interim
order, I am not inclined to interfere with the same. The Tribunal rightly
found that allowing the vehicle to remain idle during the pendency of the
appeal before the Tribunal would not benefit anyone and, in fact, would
WP(C) NO. 42907 OF 2025 and conn.cases
2026:KER:232
result in loss and hardship to the property of the Company and, in turn, to
its shareholders. The said reasoning is not liable to be interfered with in
these writ petitions. However, the contention of the petitioners that the
3rd respondent could not seek renewal of the permit are all matters to be
urged before the Tribunal.
5. Accordingly, the writ petitions are disposed of without interfering
with the interim order passed by the Tribunal and making it clear that all
the contentions raised by the petitioners, including the right of the 3rd
respondent to make an application for renewal, shall be considered on its
merits and final orders passed in the appeal within an outer limit of six
weeks from the date of receipt of a copy of this judgment. It is made clear
that the Tribunal will pass final orders untrammelled by the reasoning in
the interim orders impugned before this Court. All the contentions of the
parties are left open.
These writ petitions are disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
WP(C) NO. 42907 OF 2025 and conn.cases
2026:KER:232
APPENDIX OF WP(C) NO. 42907 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE NOTICE OF EGM DATED 15.12.2023.
Exhibit P2 THE COPY OF THE INTERIM ORDER DATED 7.03.2024 CP
18/CHE/2024 BY THE NATIONAL COMPANY LAW TRIBUNAL,
CHENNAI
Exhibit P3 THE COPY OF THE OBJECTION DATED 9.10.2024
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P4 THE COPY OF THE OBJECTION DATED 14.08.2025
SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 15.09.2025 IN
W.P.(C) NO.33369/2025 RENDERED BY THIS HON'BLE
COURT .
Exhibit P6 THE TRUE COPY OF THE ORDER 26.08.2025 ISSUED BY
THE 1ST RESPONDENT REJECTING THE APPLICATION FOR
RENEWAL IS REGULAR PERMIT IN RESPECT OF IN RESPECT
OF STAGE CARRIAGE NO.KL 18 K 1161
Exhibit P7 THE TRUE COPY OF THE APPEAL MEMORANDUM IN MVAA
NO. 345 OF 2025 DATED 24.10.2025 FILED BEFORE THE
STATE TRANSPORT APPELLATE TRIBUNAL
Exhibit P8 THE TRUE COPY OF THE COUNTER AFFIDAVIT DATED
29.10.2025 FILED IN MVAA NO. 345 OF 2025 ALONG
WITH THE DOCUMENTS
Exhibit P9 THE TRUE COPY OF THE REPLY AFFIDAVIT DATED
6.11.2025 FILED BY THE 3RD RESPONDENT IN MVAA NO.
345 OF 2025
Exhibit P10 TRUE COPY OF THE ORDER DATED 10.11.2025 IN MP NO.
2485 OF 2025 IN MVAA NO.345 OF 2025 ISSUED BY THE
LEARNED STATE TRANSPORT APPELLATE TRIBUNAL
WP(C) NO. 42907 OF 2025 and conn.cases
2026:KER:232
APPENDIX OF WP(C) NO. 43018 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE OF EGM DATED 15.12.2023
Exhibit P2 THE COPY OF THE INTERIM ORDER DATED 7.03.2024 CP
18/CHE/2024 BY THE NATIONAL COMPANY LAW TRIBUNAL,
CHENNAI
Exhibit P3 TRUE COPY OF THE OBJECTION DATED 9.10.2024
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P4 . TRUE COPY OF THE OBJECTION DATED 14.08.2025
SUBMITTED BY THE 2ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 15.09.2025 IN
W.P.(C) NO.33369/2025 RENDERED BY THIS HON'BLE
COURT
Exhibit P6 TRUE COPY OF THE ORDER DATED 26.08.2025 ISSUED BY
THE 1ST RESPONDENT REJECTING THE APPLICATION FOR
RENEWAL IS REGULAR PERMIT IN RESPECT OF IN RESPECT
OF STAGE CARRIAGE NO. KL 56/C 3807
Exhibit P7 TRUE COPY OF THE ORDER DATED 10.11.2025 IN MP NO.
2496 OF 2025 IN MVAA NO.347 OF 2025 ISSUED BY THE
LEARNED STATE TRANSPORT APPELLATE TRIBUNAL
RESPONDENT EXHIBITS
Exhibit R3(a) A true copy of the extract of the minutes of the
meeting of the Board of Directors dated 8.03.2012
Exhibit R3(b) The photocopy of the RC dated 4/6/2013
WP(C) NO. 42907 OF 2025 and conn.cases
2026:KER:232
APPENDIX OF WP(C) NO. 43042 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE OF EGM DATED 15.12.2023
Exhibit P2 . TRUE COPY OF THE INTERIM ORDER DATED 7.03.2024
CP 18/CHE/2024 BY THE NATIONAL COMPANY LAW
TRIBUNAL, CHENNAI
Exhibit P3 TRUE COPY OF THE OBJECTION DATED 9.10.2024
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE OBJECTION DATED 14.08.2025
SUBMITTED BY THE 2ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 15.09.2025 IN
W.P.(C) NO.33369/2025 RENDERED BY THIS HON'BLE
COURT
Exhibit P6 TRUE COPY OF THE ORDER DATED 26.08.2025 ISSUED BY
THE 1ST RESPONDENT REJECTING THE APPLICATION FOR
RENEWAL IS REGULAR PERMIT IN RESPECT OF IN RESPECT
OF STAGE CARRIAGE NO. KL 18/K 1116
Exhibit P7 TRUE COPY OF THE ORDER DATED 10.11.2025 IN MP NO.
2495 OF 2025 IN MVAA NO.346 OF 2025 ISSUED BY THE
LEARNED STATE TRANSPORT APPELLATE TRIBUNAL
RESPONDENT EXHIBITS
Exhibit R3(b) The photocopy of the RC dated 29/10/2012
EXHIBIT R3(a) A true copy of the extract of the minutes of the
meeting of the Board of Directors dated 8.03.2012
