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2025 Supreme(Online)(Ker) 53818

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
RAHANA.K.P. – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 16540 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.O.D.SIVADAS
For the Respondents: SHRI.AKHIL SURESH, SC, SMT. SURYA BINOY, SR. GP.

Court quashed the notification affecting the renewal of carriage operator permits, affirming prior rulings regarding stage carriages under specific distance guidelines.

Headnote:This writ petition concerns the refusal to renew the permit of a stage carriage operator as LSOS based on a notification issued on 3-5-2023. Court finds that the case aligns with previous judgments where similar notifications were quashed. The main issue revolves around the notification's applicability to stage carriages on routes under 140 km. The court rules in favor of the petitioner, allowing the writ petition and making interim orders absolute, pending further appeal considerations.

Table of Content
1. refusal to renew permit of stage carriage operator. (Para 1)
2. judgment mentioned contrasts previous notifications. (Para 2)
3. writ petition allowed with conditions. (Para 3)

JUDGMENT

The issue in this writ petition pertains to the refusal of the respondents to renew the permit of the stage carriage operator as LSOS and granting permit only as ordinary service, in view of a notification dated 3-5-2023.

2. Both sides submit that this case is covered by the judgment of this Court in W.P.(C) No.18290/2023 and connected cases and which is confirmed in W. A No. 1821/2024 and connected cases, wherein the notification relied on was quashed, and the same applies to the stage carriages plying in routes less than 140 Kilometres.

3. Given the above, the writ petition is hereby allowed. The interim order granted in this case is made absolute. However, it is made clear that this judgment will be subject to any decision to be passed in the appeal against the judgment of the Division Bench referred to above.

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