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2026 Supreme(Online)(Ker) 14329

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SHAMEER ALI – Appellant
Versus
THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE – Respondent
WP(C) NO. 4677 OF 2025 | WP(C) NO. 45675 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.K.V.GOPINATHAN NAIR, SRI.O.D.SIVADAS
For the Respondents: SRI. P.S. APPU, GP.

Permits must be issued following appropriate hearings and compliance with statutory vehicle requirements.

Headnote:Under statutory requirements, the petitioner initially granted a regular permit must produce a suitable vehicle within the stipulated time, however issues arose due to the petitioner's inability to do so. The Court has directed the authority to reconsider the issuance of the permit after hearing all parties involved. The central issue framed involved whether the substitution of a lesser model vehicle would warrant permit issuance contrary to prior resolutions. The Court upheld the conditional issuance based on due process and hearing of objections. 'Orders as directed above, in accordance with law, shall be passed within two months from the date of receipt of a copy of this judgment.'

Table of Content
1. the requirement to produce a suitable vehicle for permit issuance. (Para 1 , 2 , 3 , 4)
2. court's direction on reconsideration of permit issuance based on objections. (Para 5)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TH TUESDAY, THE 24 DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947 WP(C) NO. 45675 OF 2024 PETITIONER:

ABDUL MUNEER.P.T., AGED 45 YEARS S/O. MUHAMMED, AGED 45 YEARS PILATHOTTATHIL HOUSE, NELLIKKAPPARMBA, KAKKAD, KOZHIKODE, PIN -

673602 BY ADV SRI.O.D.SIVADAS RESPONDENT:

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KOZHIKODE, PIN - 673020 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2026, ALONG WITH WP(C).4677/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner in W.P.( C) No.45675 of 2024 was granted a regular permit as per Ext.P2 on 11.04.2023 on the inter-district route Odakkayam – Kozhikode via Vettilappara, Areakode, Mukkam, Kunnamangalam & Kotamparamba as ordinary service, subject to the settlement of timings and production of suitable stage carriage within one month from the date of communication of the decision, failing which revocation of the permit was threatened.

2. The petitioner produced the records of the vehicle bearing registration No.KL BB 2373 on 16.08.2023 in the timing conference, but the same was adjourned. The petitioner could not hold on to the vehicle and sold the same, and has now offered a vehicle which is of a lesser model. The petitioner also submits that the timing conference was adjourned more than twice.

3. The prayer in W.P.( C) No.45675 of 2024 is to direct the Secretary of the RTA to issue the regular permit granted as per Ext.P2 within 30 days.

4. W.P.(C) No.4677 of 2025 is filed by a rival operator contending that the petitioner had already produced a 2015 model vehicle bearing registration No.KL 11 BB 2373, following the grant and later, he attempted to substitute the same with a lesser model vehicle. Therefore, he has preferred Ext.P4 objection against the issuance of the permit.

5. The fact remains that pursuant to the grant made to the petitioner in W.P.( C) No.45675 of 2024, the permit has not been issued so far. Under such circumstances, these writ petitions are disposed of, directing the competent authority to consider issuance of a regular permit after hearing the permit holder and the petitioner in W.P.( C) No.45675 of 2024, with reference to the objections which he has preferred as Ext.P4 on 04.12.2024. Orders as directed above, in accordance with law, shall be passed within two months from the date of receipt of a copy of this judgment.

The writ petitions are disposed of as above.

Sd/-

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