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2026 Supreme(Online)(Ker) 5929

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
A.J.JOSEPH – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 37192 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.O.D.SIVADAS
For the Respondents: SMT. SURYA BINOY, SRI. P.C. CHACKO (PARATHANAM), SC

The court upheld the principle that existing precedents must be followed in transport permit renewals, leading to the dismissal of the application.

Headnote:In this matter concerning the renewal of a transport permit under the guidelines of relevant case law, the petitioner sought a writ of mandamus relating to the route length requirement for permit applications, citing precedent from 'KSRTC Vs. Saju Varkey'. The court noted previous decisions and determined the petitioner’s requests could not be upheld based on existing judgments, particularly referencing a decision related to the Kerala State Road Transport Corporation. The court framed the relevant questions around the dismissal of the petition as per legal precedent. Ultimately, the petition was dismissed as not granted.

Table of Content
1. court referred to existing judgments for dismissal. (Para 3)

JUDGMENT

The writ petition is filed with the following prayers:

“1. Issue a writ of mandamus of other appropriate writ order or direction to the 3rd respondents to entertain Ext.P3 and Ext.P4 applications submitted by the petitioner for renewal of permit on the route Punalur – Keezpally as LSOS without insisting the curtailment of the route length to less than 140 Kms, in view of the dictum laid down in KSRTC Vs. Saju Varkey and Or and also the judgment dated 1.08.2025 in WP(C) No. 39608 of 2024 and connected cases, rendered by this Hon’ble Court and grant renewal of permit as sought for by the petitioner.

2. Grant the petitioners such other reliefs which this Hon’ble court deem just and fit in the circumstance of the case.”

2 . The learned Government Pleader brings to my notice Ext.R4 (a) proceedings of the RTA, Kottayam, held on 30.05.2013, which records that two permits granted in favour of the petitioner were surrendered for cancellation for the issuance of clearance to other authorities.

3. The learned Standing Counsel for the KSRTC submits that, in any view of the matter, the relief sought cannot be granted to the petitioner in view of the judgment reported in 2026 KLT OnLine 1066 [ Kerala State Road Transport Corporation v. Joy ]. Given the above, no directions can be issued.

Accordingly, the writ petition fails, and the same is dismissed.

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