1. An existing stage carriage operator with a pending renewal application filed an objection against a proposed timing schedule submitted by another operator for a new permit. (Para 1 )
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2026 Supreme(Online)(Ker) 68303
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Jacob M Mathew – Appellant
Versus
Secretary, Regional Transport Regional Transport Office – Respondent
WP(C) NO. 39139 OF 2026
Important Points
The Court directed the Regional Transport Office to consider the objections of an existing stage carriage operator during a timing conference when a new permit's proposed timing potentially conflicts with an existing service.
Subject
Administrative Law - Transport Law
Headnote
(A) Transport Law - Stage Carriage Permit - Timing Conference - Direction to consider objections - Where a timing conference is scheduled and the proposed timings of a new permit holder would affect an existing operator with a pending renewal application, the authority must consider the objections raised by the aggrieved party during the conference.
Issues: Whether the 1st respondent should be directed to consider the petitioner's objection during the scheduled timing conference.
Issues: Whether the 1st respondent should be directed to consider the petitioner's objection during the scheduled timing conference.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: O.D.Sivadas
For the Respondents: Jishamol Cleetus
For the Appellants/Petitioners: O.D.Sivadas
For the Respondents: Jishamol Cleetus
Table of Contents
2. The petitioner contends that the proposed timing conference for a fresh permit would adversely affect their existing service for which a renewal application is currently pending. (Para 1 )
3. The court determined that considering the pending renewal status of the petitioner, it is appropriate to direct the authority to hear the filed objection during the timing conference. (Para 2 , 3 )
4. An operator with a pending renewal application has the right to have their objections to proposed timing schedules of competing services considered by the transport authority. (Para 3 )
5. The court directed the transport authority to consider the objection filed by the petitioner during the scheduled timing conference. (Para 3 )
6. Does a pending renewal application for a stage carriage permit entitle an operator to object to the timing schedules of other permits?
Yes. When an operator has a pending renewal application that may be impacted by the timing of another service, the transport authority is obligated to consider the operator's objections during the timing conference. (Para 1 , 3 )
JUDGMENT
The petitioner is an existing stage carriage operator on the route Aluva – Kanthalloor as LSOS and operating service on the strength of a temporary permit. Ext.P1 is the permit which is valid till 21.09.2021. The petitioner had submitted Ext.P2 application for renewal, which is still pending. It is stated that the 2nd respondent has applied for a fresh regular permit on the route Adimaly – Devikulam and the same was granted on 02.03.2026. It is also stated that the timing conference is scheduled on 13.11.2026. Since the timing proposed by the 2nd respondent would affect the petitioner's service, in respect of which an application for renewal is pending, the petitioner submitted Ext.P4 objection before the 1st respondent. The limited prayer of the petitioner is for a direction to the 1st respondent to consider Ext.P4 objection in the timing conference scheduled on 13.11.2026.
2. Heard the learned counsel for the petitioner and the learned Government Pleader. In the nature of the order I propose to pass, notice to the 2nd respondent is dispensed with.
3. In the facts and circumstances of the case, there will be a direction to the 1st respondent to consider Ext.P4 objection in the timing conference slated on 13.11.2026.
The writ petition is accordingly disposed of.
