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2026 Supreme(Online)(Ker) 12981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
A GOPALAKRISHNA BHAT – Appellant
Versus
THE STATE TRANSPORT AUTHORITY – Respondent
WP(C) NO. 47372 OF 2025
Important Points
Subject
Administrative Law - Transport Laws
Headnote
For the Appellants/Petitioners: SHRI.SAJEEV KUMAR K.GOPAL
For the Respondents: SRI.P.C.CHACKO(PARATHANAM), SMT. SURYA BINOY, SR. GP.
| Table of Content |
|---|
| 1. challenge to transport permit legality. (Para 1) |
| 2. petitioner directed to tribunal for statutory remedy. (Para 2) |
JUDGMENT The petitioner challenges Ext.P1 communication from the Transport Commissioner intimating the petitioner that, in the route Manjeshwar – Puttur (via Vittal), consequent to a surrender of a permit, on an application from the KSRTC, a permit has been issued to them in the surrendered vacancy. The permit so issued is produced by the 2nd respondent along with the counter affidavit as Ext.R1(d).
2. Though the learned counsel for the petitioner submits that the issuance of the said permit is totally illegal, I am not inclined to consider the same, as the petitioner has an adequate and effective statutory remedy before the Tribunal against the grant of such a permit.
Taking note of the principles laid down by this Court in Bus Operators Organisation, Palakkad v. Regional Transport Officer, Palakkad ( 2026 KHC OnLine 117 ), I am not inclined to entertain this writ petition and the same is accordingly closed, without prejudice to the right of the petitioner to approach the Tribunal and challenge Ext.R1(d) permit or the proceedings leading to the same, on all grounds available to him. Time spent from 15.12.2025 till this date shall be excluded for the purpose of computing the period of limitation for availing the alternate remedy. It is made clear that all the contentions of the parties are left open.
Sd/-
