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2026 Supreme(Online)(Ker) 17104

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
VIJEESH.K.P. – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, PALAKKAD – Respondent
Writ Petition (Civil) No.9788 of 2026



Advocates:
For the Appellants/Petitioners: SMT.P.K.PRIYA, SMT.CHRISTY TONY
For the Respondents: GOVERNMENT PLEADER

The court reinforces that objections regarding stage carriage timings must be duly considered before permit issuance.

Headnote:This writ petition challenges the failure of the respondents to consider the petitioner's objection regarding conflicting timings of stagecarriages under Section 123 of the Motor Vehicles Act. The Court found merit in the petitioner's request for consideration. The main issues entailed whether the respondents adequately addressed the petitioner's objection prior to the issuance of the permit to the third respondent. The Court emphasized the importance of adhering to procedural fairness in permit allocations. The writ petition is disposed of with a directive for proper consideration of the objection, ensuring compliance with the law.

Table of Content
1. petitioner's objection to timings must be considered. (Para 1 , 2)
2. court expects fairness in administrative decisions. (Para 4 , 5)

J U D G M E N T

The petitioner has filed this writ petition for the following reliefs:

“1. Issue a writ of mandamus or such other writs, order or direction, directing the respondents 1 and 2 to consider the request of the petitioner with regard to the timings having clash with the proposed timings of the 3rd respondent which is going to consider in the timing conference and to pass appropriate orders on the grievances of the petitioner;

2. Issue a writ of mandamus or such other writs, order or direction, directing the respondents 1 and 2, not to allot the timings which is granted to the petitioner’s permit on the route Ponnani - Pattambi Via – Edappal - Padinjarangadi and V.K.Kadavu, with additional two singles from Edappal to Pattambi and V.K.Kadavu to the

3rd respondent’s permit.”

2. The petitioner is a stage carriage operator on the route Ponnani – Pattambi Via – Edappal – Padinjarangadi and V.K.Kadavu conducting service with vehicle bearing Registration No. KL-54-B-5511. The petitioner has filed Ext.P4 objection before the 2nd respondent against the issuance of a varied regular permit to the 3rd respondent in respect of the stage carriage bearing Registration No. KL-49-3999 stating that the proposed timings of the 3rd respondent would clash with the timings of the petitioner.

3. Ext.P3 is the copy of the judgment in W.P.(C)

No.5481 of 2026 filed by the 3rd respondent, wherein this Court directed the competent authority to consider the issuance of the varied regular permit to the 3rd respondent with respect to the stage carriage bearing Registration No.KL-49-3999, within two months from the date of receipt of a copy of the said judgment. The petitioner apprehends the application of the 3rd respondent will be considered in the RTA meeting scheduled on

26.03.2026 overlooking his objection.

4. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 and 2.

5. In the nature of the order I propose to pass in this writ petition, notice to the 3rd respondent is dispensed with.

In the said circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P4 objection of the petitioner while considering the issuance of varied regular permit to the 3rd respondent and in accordance with law.

Sd/-

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