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2026 Supreme(Online)(Ker) 32140

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
K.M. Antony – Appellant
Versus
Regional Transport Authority – Respondent
WP(C) NO. 15245 OF 2026



Important Points

The transport authority is mandated to consider the objections of existing stage carriage operators before settling the timings for a new permit holder to ensure regulatory compliance and administrative fairness.

Subject

Administrative Law - Transport Regulation

Headnote

This petition involves existing stage carriage operators challenging the potential grant of permit timings to the third respondent without due consideration of their filed objections. The petitioners contend that their existing operations are affected by the proposed timing schedule, citing potential conflict and unfair prejudice. The primary issue concerns whether the transport authority is statutorily obligated to consider existing operators' objections before finalising the timing schedule for a new permit holder. The court observed that administrative fairness and the regulatory framework governing stage carriage permits necessitate a consultative process where grievances from existing stakeholders must be evaluated to ensure orderly transport operations. The writ petition is disposed of with a direction to the respondent authority to consider and address the filed objections before finalising the timing schedule for the third respondent's vehicle.

Advocates:
For the Appellants/Petitioners: O.D. Sivadas
For the Respondents: P.S. Appu

Table of Content
1. need for considering objections when settling timings for transport permits. (Para 1 , 2)
2. duty of the transport authority to evaluate stakeholder objections before finalizing carriage schedules. (Para 4)

J U D G M E N T

The petitioners are the existing stage carriage operators. As per Ext.P1, the 3rd respondent has been granted permit on the route Chertala – Thavankadavu – Thykkattussery – Chellanam as ordinary service on 22.10.2025, on certain conditions. Exts. P3 to P6 are the objections filed by the petitioners against the grant of permit. The petitioners apprehend that the timings in respect of the vehicle of the 3rd respondent would be settled pursuant to Ext.P1 without considering their objections. The petitioners have, therefore, filed this writ petition for a direction to the 2nd respondent to consider Exts. P3 to P6 before settling the timings of the 3rd respondent.

2. Heard the learned counsel for the petitioners and the learned Government Pleader.

3. In the nature of the order I propose to pass, notice to the

3rd respondent is dispensed with.

4. The learned Government Pleader submits that there is no basis for the apprehension of the petitioners and Exts.P3 to P6 objections will be considered before settling the timings of the 3rd respondent.

In the light of the said submission, this writ petition is disposed of directing the 2nd respondent to consider Exts.P3 to P6 objections before settling the timings in respect of the vehicle of the

3rd respondent pursuant to Ext.P1.

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