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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



Advocates:
For the Appellants/Petitioners: SHRI.SAJEEV KUMAR K.GOPAL
For the Respondents: SRI.P.C.CHACKO(PARATHANAM), SMT. SURYA BINOY, SR. GP.

The court upheld the availability of statutory remedies before the Tribunal against the issuance of transport permits, emphasizing judicial restraint in similar matters.

Headnote:The petitioner contests the legality of a permit granted to KSRTC in the Manjeshwar-Puttur route following a surrender, arguing the decision is illegal. However, the court directs that the petitioner has an adequate statutory remedy before the Tribunal and declines to entertain the writ petition in light of Bus Operators Organisation, Palakkad v. Regional Transport Officer, Palakkad (2026 KHC OnLine 117). The petition is closed without prejudice, and the petitioner may challenge the permit on all grounds available, with prior time excluded for limitation calculations.

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/-

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