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2025 Supreme(Online)(Ker) 55007

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ANEESH KUMAR. C.V. – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 37441 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.O.D.SIVADAS
For the Respondents: SHRI.AKHIL SURESH, SRI. SREEJITH V.S, SR. GP.

The court ruled on the validity of permit renewals in light of conflicting notifications, establishing precedence for similar cases.

Headnote:This writ petition addresses the refusal to renew a stage carriage operator's permit as LSOS, based on a notification dated 3-5-2023. The court allowed the petition, relying on a prior judgment that quashed the notification concerning permits for routes less than 140 Kilometres. It ruled that the interim order remains absolute, pending any appeal outcomes related to the Division Bench's decision.

Table of Content
1. refusal of permit renewal for stage carriage operator. (Para 1)
2. prior court ruling as precedent for case. (Para 2)
3. judgment allows renewal subject to appeals. (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.43367/2024 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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