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2026 Supreme(Online)(Ker) 16732

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ABDUL RASHEED CHIRAYIL – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent
WP(C) NO. 45803 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.U.K.DEVIDAS, SMT.T.ANCY
For the Respondents: SRI. P.S. APPU, GP.

The court emphasizes the importance of adhering to prior judicial directives in administrative decisions regarding permits.

Headnote:This judgment addresses the challenge against the order passed by the Regional Transport Authority rejecting a permit application, asserting that a ready vehicle was not present at submission. The court instructs the authority to comply with prior orders and grants a permit with conditions. This case emphasizes compliance with statutory obligations. The final decision confirms the issuance of a fresh regular stage carriage permit, reserving the petitioner's right to contest imposed conditions.

Table of Content
1. petition challenges rejection of permit application. (Para 1)
2. court directs compliance with previous orders regarding vehicle production. (Para 2 , 3)
3. final outcome permits issuance conditioned on compliance. (Para 4)

JUDGMENT

The petitioner challenges Ext.P4 order passed by the Regional Transport Authority, Malappuram, rejecting an application for a fresh permit on the ground that a ready vehicle was not produced at the time of submission of the application.

2. This court had passed the following interim order on

10.02.2026.

“The writ petition is filed challenging the decision of the respondents rejecting an application preferred by the petitioner for a regular permit, on the ground that the petitioner did not produce a ready vehicle at the time of submission of the application.

2. Petitioner’s application was earlier rejected, which forced him to file W.P.(C) No.6523 of 2025, which was disposed of on 18.02.2025, holding that the legal issue as to whether a ready vehicle was produced is covered by the judgment of the Division Bench in Jaffer v. Usman [2015 (4) KLT 590] and therefore directed the Regional Transport Authority to consider the application without being influenced by the fact that the petitioner has not so far produced a ready vehicle.

3. Despite the direction in Ext.P3, through Ext.P4, the 1st respondent rejected the same for the same reason. This is nothing but wilful disobedience of the directions issued by this Court in Ext.P3.

4. Accordingly, a chance is given to the authority to pass orders in accordance with law and as directed in Ext P3 judgment, within three weeks from today and produce the same before this Court, failing which, the Secretary of the 1st respondent authority shall appear in person before this Court on 03.03.2026. Post on 03.03.2026.”

3. Today, when the matter is taken up, the learned Government Pleader submits that orders have been passed on 18.02.2026 granting a fresh regular stage carriage permit to the petitioner, subject to the conditions therein. This is recorded. If the petitioner is aggrieved by any of the conditions imposed, he will be at liberty to avail the statutory remedies, if so advised.

In view thereof, nothing further remains to be considered in this writ petition and the same is accordingly closed.

Sd/-

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