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2025 Supreme(Online)(Ker) 44301
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SHIBU M. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 17262 OF 2025
For the Appellants/Petitioners: SRI.S.PRASANTH, SMT.VARSHA BHASKAR, SMT.ANUPAMA SIBI, SMT.N.R.REESHA
For the Respondents: SMT. SURYA BINOY
The court affirmed the requirement for compliance by the petitioner with applicable provisions upon issuance of a provisional license.
Headnote:(A) Writ of Mandamus - The court directed the respondents to reissue a provisional license under the Rent a Bike scheme to the petitioner and ruled that the petitioner must comply with all applicable provisions upon reissuance. (Paras 2, 3, 4)
Facts of the case:
The petitioner sought a writ of mandamus to reissue a license under the Rent a Bike scheme and contested a prior communication.
Findings of Court:
The court confirmed that the provisional license was granted and emphasized compliance with legal provisions.
Issues: Whether the respondents should reissue the license and the consequences of non-compliance were addressed.
Ratio Decidendi: The court maintained that respondents are allowed to act against the petitioner if there's a violation of the prescribed provisions.
Result: Writ petition disposed of.
| Table of Content |
|---|
| 1. petitioner sought license reissuance. (Para 2 , 3) |
| 2. non-compliance can lead to legal action. (Para 4) |
J U D G M E N T
The writ petition is filed with the following prayers:-
“i) issue a writ of mandamus or any other appropriate writ or order directing the respondents to reissue the license under the Rent a bike scene to the petitioner;
ii) issue a writ of certiorari or any other appropriate writ or order setting aside Exhibit-P 8 communication;
iii) To issue such other appropriate writ, order or direction as this Hon’ble Court may deem just and proper to issue in the circumstances of the case.
iv) Award cost of this Writ Petition.”
2. This Court had passed the following orders on
09.05.2025:-
“The learned Government Pleader takes notice for the respondents. Post on 17.06.2025. There will be a direction to the respondents to issue a provisional licence under Ext.P1 Scheme, in the light of Ext.P6 decision of the 2nd respondent herein, pending final disposal of this writ petition, without insisting on filing of a fresh application.”
3. The order passed by this Court on 09.05.2025 has been complied with, and the petitioner was granted a provisional licence through Ext.P9 proceedings of the Joint Transport Commissioner and Secretary, State Transport Authority, Kerala on 17.6.2025. A provisional licence was granted from 09.07.2025. It is also stated that the management of the firm shall strictly comply with all the directions issued by the State Transport Authority, and any violation of the conditions or provisions of the scheme shall lead to cancellation of the licence.
4. Given the above, nothing remains to be considered in this writ petition except making it clear that the petitioner will be bound to comply with the applicable provisions and produce the documents in support of the application made by the petitioner. The nd
2 respondent shall inform the petitioner about the documents to be produced by the petitioner, which shall be complied with by the petitioner without fail. Needless to say, if the petitioner violates any nd provisions of law or any direction issued by the 2 respondent, the respondents will be free to proceed against the petitioner, in accordance with law.
The writ petition is disposed of as above.
