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2026 Supreme(Online)(Ker) 21105
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
BINEESH JOSE – Appellant
Versus
THE TRANSPORT COMMISSIONER – Respondent
WP(C) NO. 9176 OF 2026
Important Points
Subject
Administrative Law - Transport Regulations
Headnote
Findings of Court:
The court directs the 4th respondent to consider Ext.P4 expeditiously within six weeks, allowing hearing opportunities to petitioners and 5th respondent.
Issues: The court frames the question of unauthorized operation and permit validity.
Ratio Decidendi: The court emphasizes fairness and the necessity for proper permit validation.
Result: The writ petition is disposed of with the above direction.
For the Appellants/Petitioners: SRI. RILGIN V.GEORGE, SRI. K.T.RAVEENDRAN, SRI. DENNISE JACOB SAVY, SMT. FAZNA RAFI A. R.
For the Respondents: SRI. P.C.CHACKO (PARATHANAM), SMT. SURYA BINOY – SR.GP
| Table of Content |
|---|
| 1. petitioners are stage carriage operators. (Para 1) |
| 2. direction for hearing and consideration of application. (Para 2 , 3) |
JUDGMENT
The petitioners are stage carriage operators conducting service on the route Kolavally – Pulpally – Kenichira – Kalpetta - WIMS Hospital on the strength of valid permits granted by the Regional Transport Authority. The grievance of the petitioners is that the 5th respondent is operating service on the said route without valid permit and approved set of timings. The petitioners have submitted Ext.P4 application in this regard before the District Collector. The limited prayer of the petitioners at this stage is for a consideration of Ext.P4 by the 4th respondent.
2. Heard the learned counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel for the Kerala State Road Transport Corporation.
3. The learned Standing Counsel for the Kerala State Road Transport Corporation submits that they are operating on the strength of approved permit. 4. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 4th respondent to consider Ext.P4, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioners and the 5th respondent.
The writ petition is disposed of with the above direction.
