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2026 Supreme(Online)(Ker) 54834
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
K.C. Chacko – Appellant
Versus
Secretary, Regional Transport Authority, Idukki – Respondent
WP(C) NO. 28428 OF 2026
For the Appellants/Petitioners: O.D. Sivadas
For the Respondents: Jahana Sherin
The court directed the Regional Transport Authority to consider the application for a temporary permit under the Motor Vehicles Act, 1988, within two weeks, granting interim permission to operate the vehicle until the decision.
Headnote:(A) Motor Vehicles Act - Temporary Permit - Application for permit - Direction to the authority to consider the application in accordance with law and within a stipulated timeframe. (Para 3)
Issues: Whether the respondent should be directed to consider the petitioner's application for a temporary permit under the Motor Vehicles Act.
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| 1. the petitioner sought a direction for the respondent to consider a fresh application for a temporary permit following previous tribunal orders. (Para 1 , 2) |
| 2. the court mandated the authority to decide on the permit application within two weeks while allowing interim operation of the vehicle. (Para 3) |
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is the owner of a stage carriage bearing Registration No.KL-63-D-3541 operating on the route Kottayam – Vazhavara. The petitioner states that, earlier he had filed an application for temporary permit under Section 87(1)(c) of the Motor Vehicles Act, 1988 (for short, ‘the Act’), which was rejected as per Ext.P2. Against Ext.P2, the petitioner filed an appeal before the State Transport Appellate Tribunal and the Tribunal, by Ext.P3 order, directed the respondent to issue temporary permit to the petitioner for a period of one month. Later, by Ext.P4, the same was extended till 19.08.2026 and Ext.P5 is the temporary permit so issued to the petitioner. Since four months period has since elapsed after issuance of the temporary permit, the petitioner submitted Ext.P6 application seeking temporary permit under Section 87(1)(c) of the Act. The limited prayer of the petitioner is for a direction to the respondent to consider Ext.P6 application.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. In the facts and circumstances of the case, there will be a direction to the respondent to consider Ext.P6 application for temporary permit, in accordance with law, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P6 application, the petitioner is permitted to operate service on the strength of Ext.P5.
The writ petition is disposed of.
