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2026 Supreme(Online)(Ker) 2333

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
TIJO BABY – Appellant
Versus
THE GOVERNMENT OF KERALA – Respondent
WP(C) NO. 29161 OF 2025|WP(C) NO. 13606 OF 2023|WP(C) NO. 25406 OF 2025|WP(C) NO. 25669 OF 2025|WP(C) NO. 29833 OF 2025|WP(C) NO. 30340 OF 2025|WP(C) NO. 30470 OF 2025|WP(C) NO. 30670 OF 2025|WP(C) NO. 32030 OF 2025|WP(C) NO. 34358 OF 2025|WP(C) NO. 34443 OF 2025|WP(C) NO. 34566 OF 2025|WP(C) NO. 34829 OF 2025|WP(C) NO. 34845 OF 2025|WP(C) NO. 34930 OF 2025|WP(C) NO. 34960 OF 2025|WP(C) NO. 35123 OF 2025|WP(C) NO. 35185 OF 2025|WP(C) NO. 36814 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.RILGIN V.GEORGE, SHRI.K.T.RAVEENDRAN, SMT.MEERA J. MENON, SHRI.ADARSH P. AJI, SHRI.LAVARAJ M.G., SRI.O.D.SIVADAS, SRI.G.HARIHARAN, SRI.PRAVEEN.H., SMT.K.S.SMITHA, SMT.B.R.SINDU, SRI.V.R.SANJEEV KUMAR, SMT.AFNA V.P., SHRI.V.ROHITH, SRI.O.D.SIVADAS, SRI.O.D.SIVADAS, SRI.JOICE GEORGE, SRI.TOM E. JACOB
For the Respondents: THE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

Holders of 'saved permits' prior to 09.05.2006 are exempt from the 140 KM distance limit for renewals, provided KSRTC does not seek new service permits on the same route.

Headnote:(A) Kerala Motor Vehicles Rules - Rule 2(oa) - Renewal of permits - The court reiterates that 'saved permits' issued prior to 09.05.2006 cannot be bound by the maximum distance criterion while renewing, subject to KSRTC's application for a new service on the same route. (Paras 2, 3)

(B) Justice - Principles of fairness dictate that holders must be afforded opportunities to present their cases during the renewal process. (Para 4)

Facts of the case:
The case involves multiple writ petitions concerning private operators seeking the renewal of permits beyond 140 KM, following a prior judgment in WP

(C) No.39608 of 2024.

Findings of Court:
The court mandates strict adherence to the law laid down by the Division Bench concerning 'saved permits' and directs the concerned authorities to expedite the renewal applications within three months.

Issues: The primary issue is the applicability of the maximum distance criterion for the renewal of 'saved permits'.

Ratio Decidendi: The court concluded that the 'saved permits' are not subject to the limitation of 140 kilometers during renewal unless a new service is introduced by KSRTC.

Result: Writ petitions disposed of as directed.

Table of Content
1. renewal permits pertain to over 140 km. (Para 1)
2. entitlement of ‘saved permits’ under judicial ruling. (Para 2)
3. renewal applications must be considered within three months. (Para 3)
4. temporary permits decided in accordance with law. (Para 4)

JUDGMENT

[WP(C) Nos.29161/2025, 13606/2023, 25406/2025, 25669/2025, 29833/2025, 30340/2025, 30470/2025, 30670/2025, 32030/2025, 34358/2025, 34443/2025, 34566/2025, 34829/2025, 34845/2025, 34930/2025, 34960/2025, 35123/2025, 35185/2025, 36814/2025]

All these writ petitions pertain to the renewal of the permits beyond 140 KM.

2. It is submitted by both sides that, against the judgment in WP(C) No.39608 of 2024 and connected cases, writ appeals were filed by the KSRTC and also by the State and the Division Bench by its judgment in WA No.2342 of 2025 and connected cases dated 16th January 2026, passed the following:

“63. In the above circumstances, these writ appeals are disposed of by modifying the impugned judgment dated 01.08.2025 of the learned Single Judge in W.P. (C)No.39608 of 2024 and connected matters by holding that the entitlement of the holders of ‘saved permits’, which were issued to the private sector prior to 09.05.2006, who were allowed to continue until the date of expiry of the respective permits, for renewal of their respective permits, is only until KSRTC applies for introducing a new service on the route, in which event the corresponding number of existing private stage carriage permits in the said route, which expire first after the filing of the application by KSRTC, shall not be renewed. The maximum distance criterion of 140 kilometers in clause (oa) of Rule 2 of the Kerala Motor Vehicles Rules cannot be made applicable in the case of a ‘saved permit’, while considering its renewal, subject to the above restriction imposed under the scheme, in view of the law laid down by the Division Bench in Saju Varkey [ 2018 (4) KHC 617 ].

The concerned Regional Transport Authorities are directed to consider the respective applications made by the writ petitioners, who are holders of ‘saved permits’, strictly in terms of the law laid down as above, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, after affording them an opportunity of being heard.”

3. In view of the above, the renewal applications shall be considered, as directed by the Division Bench, within a period of three months.

4. As regards the applications for temporary permits, the same shall be considered with notice to the affected parties and in accordance with law within a period of one month by the competent authorities.

The writ petitions are disposed of as above.

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