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Kerala High Court
K.C.Moideenkutty vs Regional Transport Authority on 30 March, 2026
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 23573 OF 2025 : 1 :
2026:KER:28514
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 23573 OF 2025
PETITIONER:
K.C.MOIDEENKUTTY, AGED 69 YEARS
S/O. POCKER, NOUSHEE'SMANZIL, OMANUR,
KONTOTTY TALUK, MALAPPURAM DISTRICT- 673645
BY ADVS.
SHRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.B.R.SINDU
SMT.REMYA MURALI
SRI.V.R.SANJEEV KUMAR
SMT.AFNA V.P.
SHRI.V.ROHITH
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 676505
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM DISTRICT, PIN - 676505
3 REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE,
CIVIL STATION KOZHIKODE,
REPRESENTED BY IT'S SECRETARY, PIN - 673020
*4 JALEEL N.K.,S/O MUHAMMED N.K., NADUVILAKANDI
THAZHAM HOUSE,ANAKUZHIKARA VIA POOVATTUPARAMBA
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P.O., PERUVAYAL, KOZHIKODE DISTRICT.
5 ABDUL MUNEER V.P.
S/O MOIDEEN KUNJI, VIRUPPIL POTTAMMAL
HOUSE,VELLIPARAMBA, KUTTIKATTOOR, KOZHIKODE.
6 MUHAMMED MUSTHAFA K,
S/O MOIDEEN KOYA, FAREEDA
MANZIL,THIRUNILAMVAYAL, KALLAI P.O.,KOZHIKODE.
7 ANEES P.M.
S/O ALAVI,POTTAMMEL METHEL HOUSE, VAZHAKKAD
P.O.,MUNDUMUZHI,MALAPPURAM DISTRICT,
REPRESENTED BY POWER OF ATTORNEY
HOLDER,MUHAMMED,S/O ALAVI,AGED 52 YEARS,
MUKKORAKKAL HOUSE,MUNDUMUZHI,VAZHAKKAD
P.O.,MALAPPURAM DISTRICT.
8 RASHEED M.,
S/O AHAMMEDKUTTY,KUZHIKANDATHIL
HOUSE,MUNDUMUZHI, VAZHAKKAD P.O.,
MALAPPURAM DISTRICT.
(*ADDL.RESPONDENTS 4 TO 8 ARE IMPLEADED AS PER
ORDER DATED 30/03/2026 IN I.A.NO.1/2025)
BY ADV SHRI.SAJEEV KUMAR K.GOPAL
R BY GP SRI.P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
This writ petition is filed for the following
reliefs:
"(i) Issue a writ of mandamus or any other
appropriate writ or order commanding the
3rd respondent to consider the question of
granting concurrence to operate on the
route Kozhikode - Wandoor in the
surrendered vacancy of Bus No. KL-10N-
4828 for the portion lying in Kozhikode
District.
(ii) Issue a writ of mandamus or any other
appropriate writ or order restraining the 1st
respondent from considering Exhibit-P3
application for grant of fresh permit in the
vacancy of Bus No.KL-10N-4828 till a
decision is taken by the 3 rd respondent for
the grant of concurrence for the portion
lying in Kozhikode District to operate on the
route Kozhikode - Wandoor on the strength
of Exhibit P3 application with Bus No.KL-
12D-5995."
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2. When the matter is taken up for
consideration today, the learned Government Pleader
submits that the application of the petitioner for
grant of fresh permit has been rejected by the RTA,
Kozhikode vide Ext.R3(a) and the petitioner has
preferred an appeal before the State Transport
Appellate Tribunal (STAT) against the same.
Therefore, nothing survives to be considered in this
writ petition.
In view of the said submission, the writ
petition is disposed of without prejudice to the
contentions of the petitioner in the appeal before the
STAT.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
PARTICULARS RELATING TO VEHICLE BEARING
REGISTRATION NUMBER KL-10N-4828
Exhibit P2 A TRUE COPY OF THE VEHICLE PARTICULARS
OF BUS NO.KL-12D-5995
Exhibit P3 A TRUE COPY OF THE APPLICATION MADE BY
THE PETITIONER BEFORE THE RESPONDENTS 1
AND 2 ON 25.04.2024 FOR THE GRANT OF
REGULAR PERMIT FOR 5 YEARS TO OPERATE
ON THE ROUTE KOZHIKODE - WANDOOR WITH
BUS NO.KL-12D-5995
Exhibit P4 . A TRUE COPY OF THE APPLICATION FOR
THE GRANT OF 4 MONTHS TEMPORARY PERMIT
TO OPERATE ON THE ROUTE KOZHIKODE -
WANDOOR FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT ON 20.03.2024
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED
27.03.2024 ISSUED BY THIS HON'BLE COURT
Exhibit P6 A TRUE COPY OF THE TAX TOKEN DATED
30.03.2024 ISSUED BY THE 1ST RESPONDENT
EVIDENCING RECEIPT OF A SUM OF
RS.1,82,780/-
Exhibit P7 A TRUE COPY OF THE JUDGMENT MADE IN
W.P.(C).NO.12153/2024 ON 11.04.2024
Exhibit P8 A TRUE COPY OF THE APPLICATION DATED
25.04.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT ALONG WITH
SET OF PROPOSED TIMINGS
Exhibit P9 A TRUE COPY OF THE PROCEEDINGS OF THE
RTA MEETING OF MALAPPURAM HELD ON
24.10.2024, SIGNED ON 24.01.2025 AND
RECEIVED BY THE PETITIONER ONLY ON
28.01.2015
Exhibit P10 A TRUE COPY OF THE DECISION OF THE RTA
KOZHIKODE IN A SUPPLEMENTARY ITEM 2 OF
THE MEETING HELD ON 24.02.2025
Exhibit P11 A TRUE COPY OF THE REQUEST MADE BY THE
BUS OWNERS FORUM MAVOOR - KOZHIKODE -
PALAYAM ZONE ON 24.02.2025
Exhibit P12 A TRUE COPY OF THE JUDGMENT MADE IN
W.P© NO.15644/2025 ON 22.04.2025
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Exhibit P13 A TRUE COPY OF THE PROCEEDINGS DATED
09.06.2025 ISSUED BY THE 1ST RESPONDENT
THROUGH THE GOVERNMENT PLEADER HIGH
COURT OF KERALA ON 23.06.2025
Exhibit P14 A TRUE COPY OF THE ORDER DATED
23.06.2025 MADE IN CONT. CASE
©.NO.1246/2025 BY THIS HON'BLE COURT
Exhibit P15 A TRUE COPY OF THE AGENDA RELATING TO
ITEM NO.19 OF THE MEETING OF THE 1ST
RESPONDENT SCHEDULED TO BE HELD ON
30.06.2025
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE REGULAR PERMIT IN
RESPECT OF STAGE CARRIAGE KL-7BG-0606
OPERATING ON THE ROUTE EDAVANNAPPAR-
KOZHIKODE DATED 07-05-2025
Exhibit R4(b) TRUE COPY OF THE REGULAR PERMIT IN
RESPECT OF STAGE CARRIAGE KL-5AM-0063
OPERATING ON THE ROUTE PUTHUR MADOM-
KOZHIKODE DATED 19-08-2022
Exhibit R4(c) TRUE COPY OF THE REGULAR PERMIT IN
RESPECT OF STAGE CARRIAGE KL-84C-4899
OPERATING ON THE ROUTE KOZHIKODE-
EDAVANNAPPARA DATED 23-04-2024
Exhibit R4(d) TRUE COPY OF THE REGULAR PERMIT IN
RESPECT OF STAGE CARRIAGE KL-10BD-9849
OPERATING ON THE ROUTE AREEKODE-
KOZHIKODE DATED 08-11-2021
RESPONDENT ANNEXURES
Annexure R3(a) True copy of the rejection of the
concurrence dated 24.02.2025 by the RTA
Kozhikode
