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2026 Supreme(Online)(Ker) 1940

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
THE KERALA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
N.M. BIJU – Respondent


Advocates:
For the Appellants/Petitioners: ADV SRI.P.C.CHACKO (PARATHANAM)
For the Respondents: ADV. SRI. RILGIN V. GEORGE, P. SANTHOSH KUMAR, SPECIAL GOVT. PLEADER

Judgement Key Points

The legal ruling affirms that holders of 'saved permits' under the Motor Vehicles Act are entitled to renewal without being subject to distance restrictions, provided that no new scheme explicitly overrides this right. This principle remains effective until a new scheme is enacted lawfully, and authorities are mandated to consider renewal applications promptly and without unnecessary delay (!) (!) (!) (!) (!) (!) .

Furthermore, the court emphasizes that any attempt by authorities to impose distance restrictions or alter rights through new schemes or regulations, without proper legal authority or procedural compliance, is invalid and can be challenged. The existing rights of permit holders are protected, especially those permits issued before a certain date, unless the permit holder's application coincides with the initiation of a new service by the State Transport Undertaking, in which case renewal may be denied based on the scheme's provisions (!) (!) (!) .

The court also directs that applications for renewal or temporary permits be processed within specified timeframes—generally within three months—after giving the permit holders an opportunity to be heard. This ensures that authorities act expeditiously and in accordance with the law, respecting the rights of permit holders and the legal declarations previously affirmed (!) (!) (!) .

In summary, until a new, lawfully enacted scheme is put into place, the rights of permit holders to renew their permits without distance restrictions are upheld, and authorities are required to consider their applications fairly and promptly, avoiding arbitrary restrictions or overrides.


JUDGMENT

Anil K. Narendran, J.

W.A.No.2458 of 2025 filed by the Kerala State Road Transport Corporation (KSRTC) arises out of the common judgment dated 01.08.2025 of the learned Single Judge in W.P.(C)No.39608 of 2025 and connected matters, including W.P.(C)No.21198 of 2025. W.A.No.2863 of 2025 filed by the Regional Transport Authority, Vatakara and its Secretary arises out of the said common judgment in W.P.(C)No.40312 of 2024.

2. W.P.(C)No.21198 of 2025 was filed by the 1st respondent in W.A.No.2458 of 2025, who was holding Ext.P1 stage carriage permit on the route Kottayam-Ambayathodu, an inter- district route exceeding 450 kilometers, in respect of stage carriage bearing Reg.No.KL-78/4590 and Ext.P1(a) stage carriage permit on the very same route in respect of stage carriage bearing Reg.No.KL-05/AQ-7268. The said permits issued in the year 1999 for a period of 5 years were renewed periodically and the last renewal was for the period from 30.07.2009 to 27.09.2014. In the writ petition, the petitioner has sought for the following reliefs;

“i. Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 2nd respondent (RTA) to consider and pass final or

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