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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
WA NO.2458 OF 2025|WA NO.2863 OF 2025|WP(C)NO.21198 OF 2025|WP(C)NO.40312 OF 2024
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.
| Table of Content |
|---|
| 1. facts about the stage carriage permit and related applications. (Para 1 , 2 , 3) |
| 2. ratio decidendi affirming rights of saved permit holders against distance restrictions. (Para 4) |
| 3. arguments regarding the interpretation and application of distance restrictions. (Para 5 , 6) |
| 4. court observations on the necessity of renewing permits without distance restrictions. (Para 7 , 8) |
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 orders on the applications for renewal of Exts.P1 and P1(a) regular permits as expeditiously as possible, at any rate, within a time limit to be stipulated by this Honourable Court taking into account Ext.P9 judgment in W.A.No.1821 of 2024 and connected cases and the dictum laid down in KSRTC and others vs. Saju Varkey [2018 (4) KLJ 145] .
ii. Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 3rd respondent (Secretary, RTA) to forthwith consider and pass final orders on Exts.P10 and P10 (a) applications for temporary permit filed under Section 87(d) of the Motor Vehicles Act , 1988 issuing temporary permit pending decision on the applications for renewal of Exts.P1 and P1(a) regular permits taking into account Ext.P9 judgment in W.A.No.1821 of 2024 and connected cases and the dictum laid down inKSRTC and others vs. Saju Varkey [2018 (4) KLJ 145]
iii. Declare that petitioner herein as the holder of Exts.P1 and P1(a) saved permits is entitled to renewal of the same without any distance embargo in the light of the dictum laid down in KSRTC and others vs. Saju Varkey [2018 (4) KLJ 145].”
3. W.P.(C)No.40312 of 2024 was filed by the 1st respondent in W.A.No.2863 of 2025, who was holding Ext.P1 stage carriage permit on the route Ernakulam-Thalassery as Limited Stop Fast-Passenger (LSFP) in respect of stage carriage bearing Reg.No.KL-41/L-3487, which was valid for the period from 31.12.2009 to 30.12.2014. The petitioner has filed the said writ petition seeking the following reliefs;
“i. issue a writ of mandamus or other appropriate writ, order or direction to the Regional Transport Authority to consider the applications for renewal of permit submitted by the petitioner on the route Ernakulam – Guruvayoor – Kozhikode – Thalassery as LSOS, untrammelled by Ext.P4 scheme dated published vide SRO No.537/2023 issued by the Government and grant renewal of the permit as LSOS without insisting the curtailment of the route length to less than 140 Kms, without any delay.
ii. Issue appropriate writ, order or direction to the Secretary, Regional Transport Authority to consider Ext.P5 application for temporary permit on the route Ernakulam – Guruvayoor – Kozhikode – Thalassery as LSOS, untrammelled by Ext.P4 scheme dated 03.05.2023 published vide SRO No.537/2023 issued by the Government and grant and issue temporary permit to the petitioner withou
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