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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Kerala State Road Transport Corporation – Appellant
Versus
M.P. Joy S/o Paulose – Respondent
W.A. Nos. 2342, 2348, 2391, 2392, 2404, 2413, 2445, 2464, 2761, 2761, 2765, 2798 of 2025
Decided On : 16-01-2026
Based on Paras 58 to 63, the Headnote remains largely correct but requires clarification regarding the scope of the rights of private permit holders, especially those with 'saved permits' issued prior to certain schemes. These paragraphs emphasize that the rights of permit holders, particularly those holding permits issued before a specific date, are protected and that their permits can be renewed until the authorities take steps to introduce a new scheme or apply for new permits. It also clarifies that any restrictions or conditions, such as maximum distance limits, cannot be arbitrarily imposed on these permits unless a proper legal scheme is enacted following the statutory procedure.
The paragraphs reinforce that the rights of existing permit holders are preserved until a new, lawful scheme is brought into effect, and that schemes or notifications that attempt to impose restrictions without following the proper process are invalid. They also highlight that the authorities are bound to consider permit renewal applications in accordance with these principles, and that any restriction introduced outside the statutory framework would be unlawful.
In summary, the Headnote is still correct, but it should explicitly reflect that the rights of 'saved permit' holders are protected until a new scheme is lawfully enacted, and restrictions such as maximum distance limits cannot be imposed unilaterally or arbitrarily.
| Table of Content |
|---|
| 1. introduction of cases before the court. (Para 1 , 2) |
| 2. description of individual cases and permits. (Para 3) |
| 3. varied arguments regarding the applicability of distance restrictions. (Para 4 , 5 , 7 , 8) |
| 4. judicial review and considerations. (Para 6 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. discussion on the super class scheme and its implications. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. final conclusions and directives based on the findings. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
JUDGMENT :
ANIL K. NARENDRAN, J.
1. These writ appeals filed by the Kerala State Road Transport Corporation (KSRTC)/State of Kerala and its officials arise out of a common judgment dated 01.08.2025 of the learned Single Judge in W.P.(C)No.39608 of 2024 and connected matters.
2. W.A.No.2342 of 2025 filed by KSRTC arises out of the judgment dated 01.08.2025 in W.P.(C)No.39608 of 2024, W.A.No. 2348 of 2025 arises out of the judgment in W.P.(C)No.40312 of 2024, W.A.No.2391 of 2025 arises out of the judgment in W.P.(C)No.20813 of 2025, W.A.No.2391 of 2025 arises out of the judgment in W.P.(C)No.24665 of 2025, W.A.No.2404 of 2025 arises out of the judgment in W.P.(C)No.21756 of 2025, W.A.No.2413 of 2025 arises out of the judgment in W.P.(C)No.22595 of 2025, W.A.No.2445 of 2025 arises out of the judgment in W.P.(C)No.21280 of 2025, W.A.No.2464 of 2025 arises out of the judgment in W.P.(C)No.19633 of 2025 and W.A.No.2390 of 2025 arises out of the judgment in W.P.(C)No.24613 of 2025. W.A.No.2761 of 2025 filed by the State of Kerala and its officials arises out of the judgment in W.P.(C)No.19633 of 2025, W.A.No.2765 of 2025 arises out of the judgment in W.P.(C)No.39608 of 2025 and W.A.No.2798 of 2025 arises out of the judgment in W.P.(C)No.24613 of 2025.
3. The 1st respondent in W.A.No.2342 of 2025, who was holding Ext.P1 stage carriage permit on the route Kozhikode- Ernakulam South as a Superfast service, in respect of stage carriage bearing Reg.No.KL-56/L-2891, which was valid from 19.06.2011 till 18.06.2016, filed W.P.(C)No.39608 of 2024, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Regional Transport Authority (RTA), Malappuram, to consider the applications for renewal of permit made by the petitioner on the route Kozhikode-Ernakulam as Limited Stop Ordinary Service (LSOS), untrammelled by the scheme published vide Ext.P6 notification, i.e., G.O.(P)No.13/2023/Trans. dated 03.05.2023, and grant renewal of permit as LSOS, without insisting the curtailment of route length to less than 140 kilometers; a writ of mandamus commanding the 2nd respondent Secretary, RTA, Malappuram, to consider Ext.P7 application dated 20.05.2024 for temporary permit on the route Kozhikode- Ernakulam, as LSOS, untrammelled by Ext.P6 scheme published on 03.05.2023, and grant and issue temporary permit to the petitioner, without insisting curtailment of route length to less than 140 kilometers, till the disposal of the application for renewal of permit, i.e., Ext.P1 stage carriage permit. The document marked as Ext.P2 is an application dated 06.02.2016 made by the petitioner for renewal of Ext.P1 stage carriage permit, for a period of five years, from 19.06.2016 till 18.06.2021. The petitioner again filed Ext.P3 application dated 17.06.2021, for renewal of the stage carriage permit from 19.06.2021, on the ground that renewal of Ext.P1 permit from 19.06.2016 for five years is pending in Ext.P2 application dated 06.02.2016. In W.P.(C)No.39608 of 2024, the 3rd respondent KSRTC filed a counter affidavit dated 15.11.2024, opposing the reliefs sought for, producing therewith Exts.R3(a) to R3(e) documents. Along with I.A.No.1 of 2025, KSRTC produced Ext.R3(f) judgment dated 24.09.2020 in W.A.No.1054 of 2020. RTA, Malappuram and its Secretary have filed W.A.No.2765 of 2025 challenging the judgment dated 01.08.2025 of the learned Single Judge in W.P.(C)No.39608 of 2024.
3.1. The 1st r
Existing holders of saved permits are entitled to renew their permits without distance restrictions until a valid new scheme is enacted, reflecting principles of legal fairness and established judici....
Holders of saved permits under the Motor Vehicles Act are entitled to renewal without distance restrictions unless a new scheme is enacted, as affirmed by precedent, and authorities must consider app....
The State Government must provide adequate consideration and reasons for rejecting objections when modifying transport service schemes, ensuring compliance with principles of natural justice.
The provisions of Chapter VI of the Motor Vehicles Act, 1988 have an over-riding effect over the provisions of Chapter V and as such, under the provisions to Section 104, only STA or RTA are the comp....
The State Government does not have the authority to grant temporary permits after withdrawing the scheme under which the permits were granted and the transport authorities must follow the procedure l....
Private operators cannot be granted permits for overlapping routes if exclusivity is established in the notified scheme under the Motor Vehicles Act.
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