High Court of KeralaSingle JudgePetitions disposed of; petitions allowed in ter...

WP(C) Nos. 29067 of 2021; 30065 of 2021; 30861 of 2021; 1109 of 2022

Case / Petition Number:WP(C) Nos. 29067/2021; 30065/2021; 30861/2021; 1109/2022
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Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sathish Ninan
Judgment Date
2022-03-09
Court Decision / Holding
Writ petitions are disposed of; saved permit holders are entitled to renewal of their permits without reckoning the route length; renewals and any temporary permits pending renewal to be considered under the saved-permit principle until a nationalisation scheme is introduced under the Motor Vehicles Act.
Final Disposition
Petitions disposed of; petitions allowed in terms that saved permit holders are entitled to renewal without counting route length; renewals to be considered till nationalisation scheme under MV Act.

Parties to the Case

Appellants / Petitioners

  • E.A.George
  • Sunil Kumar P
  • Thomas Lal

Respondents

  • Regional Transport Authority, Idukki
  • Secretary, Regional Transport Authority, Idukki
  • Kerala State Road Transport Corporation
  • Regional Transport Authority, Palakkad
  • Secretary, Regional Transport Authority, Palakkad

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv K.V. Gopinathan Nair

Counsels for Respondents

  • • Smt. Sheeja C.S
  • • Sri. Bimal K. Nath

Case Synopsis & Summary

The petitions are filed by individuals holding saved permits seeking renewal of their permits whose renewal applications were not considered on the ground that the route length exceeds the limit prescribed under Rule 2(oa) of the Kerala Motor Vehicles Rules, 1989. The Court reiterates that the distance limit under Rule 2(oa) has no application to saved permits, citing a Division Bench decision in Kerala State Road Transport Corporation v. Saju Varkey and Ors. (2018 (4) KHC 617), and Hyderali v. The Regional Transport Authority and Ors. (W.P.(C) No. 8702/2021 and connected cases), which support this position and hold that the 2015 and 2020 Government Orders are not relevant to the rights of saved permit holders. In light of these precedents, the Court holds that saved permit holders are entitled for renewal of their permits until a valid nationalisation scheme is brought in under the Motor Vehicles Act. Consequently, the petitions are disposed of with a directive that renewal applications and any temporary permits pending renewal should be considered without reckoning the route length. The judgment emphasizes protecting the rights of saved permit holders pending broader policy changes in transport nationalisation.

Provisions of Law Cited

Kerala Motor Vehicles Rules, 1989, Rule 2(oa)Motor Vehicles Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge the refusal or delay in renewal of their permits on the ground that the route length exceeds the limit under Rule 2(oa) of the Kerala Motor Vehicles Rules, 1989. They assert that the existing saved permits are exempt from the route-length restriction, and renewal should be granted until a nationalisation scheme is introduced under the Motor Vehicles Act. They rely on established precedents like Kerala State Road Transport Corporation v. Saju Varkey and Ors. (2018) and Hyderali v. RTA (W.P.(C) 8702/2021) to argue that the distance limit does not govern saved permits and that their rights to renewal should be protected despite the route-length constraint. They seek a declaration and direction to renew or issue temporary permits pending renewal.

Contentions of Respondents

The respondents contend that permits must comply with route-length restrictions under Rule 2(oa) and that renewal decisions should follow statutory provisions and policy orders. They argue that government orders (2015, 2020) and administrative rules do not override the core statutory framework that governs permit renewals, and that the authority's actions must align with the updated regulatory regime. They maintain that any relief must be limited to the statutory framework and not extend beyond the route-length requirements.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Kerala State Road Transport Corporation v. Saju Varkey and Ors.2018 (4) KHC 617PositiveThe decision held that the distance limit under Rule 2(oa) does not apply to saved permits, supporting the petitioners' entitlement to renewal.
Hyderali v. The Regional Transport Authority and Ors.W.P.(C) No.8702/2021 and connected casesPositiveThe decision held that Government Orders 2015 and 2020 are not relevant to saved-permit rights, reinforcing the entitlement to renewal until nationalisation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 9[TH] DAY OF MARCH 2022 / 18TH PHALGUNA, 1943** **WP(C) NO. 30861 OF 2021** ## **PETITIONER:** E.A.GEORGE AGED 65 YEARS S/O ABRAHAM, ELAVUMKUDIYIL HOUSE, MATHIRAPPALLY, KOTHAMANGALAM, ERNAKULAM-686666. BY ADV K.V.GOPINATHAN NAIR ## **RESPONDENTS:** 1 REGIONAL TRANSPORT AUTHORITY IDUKKI, REPRESENTED BY SECRETARY, CIVIL STATION, PAINAVU P O, IDUKKI-685603. 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, IDUKKI, CIVIL STATION, PAINAVU P O, IDUKKI -6852603. 3 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, KSRTC BUS STAND, PAINAVU, IDUKKI-685603. SR. GOVT. PLEADER SMT. SHEEJA C.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, ALONG WITH WP(C).1109/2022, 29067/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **WEDNESDAY, THE 9[TH] DAY OF MARCH 2022 / 18TH PHALGUNA, 1943** ## **WP(C) NO. 1109 OF 2022** ## **PETITIONER:** SUNIL KUMAR P AGED 55 YEARS S/O.MADHAVAN NAIR, PUTHEN VEEDU, CHERPULASSERI P.O., OTTAPALAM, PALAKKAD-679503. BY ADV K.V.GOPINATHAN NAIR ## **RESPONDENTS:** 1 THE REGIONAL TRANSPORT AUTHORITY PALAKKAD, REPRESENTED BY SECRETARY, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678001. 2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678001. SR. GOVT. PLEADER SRI. BIMAL.K.NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, ALONG WITH WP(C).30861/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 9[TH] DAY OF MARCH 2022 / 18TH PHALGUNA, 1943** ## **WP(C) NO. 29067 OF 2021** ## **PETITIONER:** YOUNUS ALI AGED 36 YEARS S/O.YOOSAJ HAJI, VATTATHODI HOUSE, ALANALLUR P.O., MANNARKKAD, PALAKKAD DISTRICT. BY ADV K.V.GOPINATHAN NAIR ## **RESPONDENTS:** 1 THE REGIONAL TRANSPORT AUTHORITY PALAKKAD, REPRESENTED BY THE SECRETARY, KUNNATHUMEDU, PALAKKAD, PIN - 678 001. 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, PALAKKAD, KUNNATHUMEDU, PALAKKAD, PIN - 678 001. 3 THE KERALA STATE TRANSPORT CORPORATION REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, PALAKKAD, PIN - 678 008. SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, ALONG WITH WP(C).30861/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **WEDNESDAY, THE 9[TH] DAY OF MARCH 2022 / 18TH PHALGUNA, 1943** ## **WP(C) NO. 30065 OF 2021** ## **PETITIONER:** THOMAS LAL AGED 46 YEARS S/O. P. T. MATHEW, PADICATHACHAMATTATHIL HOUSE, PAZHOOR EAST, PIRAVOM P. O., ERNAKULAM, PIN - 686 664. BY ADV K.V.GOPINATHAN NAIR ## **RESPONDENT:** 1 THE REGIONAL TRANSPORT AUTHORITY IDUKKI, REPRESENTED BY SECRETARY, CIVIL STATION, PAINAVU P. O., IDUKKI - 685 603. 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, IDUKKI, CIVIL STATION, PAINAVU P. O., IDUKKI - 685 603. 3 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, IDUKKI. SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, ALONG WITH WP(C).30861/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.29067, 30065, 30861 of 2021 & 1109 of 2022** **= = = = = = = = = = = = = = = = = = Dated this the 9[th] day of March, 2022** ## **J U D G M E N T** Petitioners in these writ petitions are “saved permit holders”. Their applications for renewal of permits are not being considered for the reason that, the route exceeds the limit specified under Rule 2(oa) of the Kerala Motor Vehicles Rules, 1989, is their grievance. 2. That the distance limit specified in Rule 2(oa) does not have any application with regard to “saved permits”, has been held by a Division Bench of this Court in _**Kerala State Road Transport Corporation v. Saju Varkey and Ors. [2018 (4) KHC 617]**_ . That the Government Orders brought in the year 2015 and 2020 are of no relevance in considering the rights of saved permit holders, has been held by this Court in _**Hyderali v. The Regional Transport Authority and Ors.**_ in **W.P.(C) No.8702/2021 and connected cases** . The **W.P.(C) Nos.29067, 30065, 30861 of 2021 & 1109 of 2022** **==> picture [34 x 9] intentionally omitted <==** saved permit holders are entitled for renewal of their permits till a valid scheme of nationalisation is brought in, under the provisions of the Motor Vehicles Act. 3. In the light of the above, it is declared that, the applications for renewal of permits and for temporary permit pending renewal of regular permit if any, submitted by the petitioners are liable to be considered without reckoning the route length. Writ petitions are disposed of as above. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 1109/2022** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE SAID REGULAR PERMIT VALID| |---|---| ||TILL 21.1.2022.| |Exhibit P2|TRUE COPY OF THE APPLICATION SUBMITTED BY THE| ||PETITIONER FOR RENEWAL OF PERMIT DATED| ||16.12.2021.| |Exhibit P3|TRUE COPY OF THE TEMPORARY PERMIT APPLICATION| ||SUBMITTED BY THE PETITIONER DATED 10.1.2022.| |Exhibit P4|TRUE COPY OF THE INTERIM ORDER OF THIS| ||HON'BLE COURT IN WP(C) NO.8702 OF 2021 DATED| ||29.10.2021.| |Exhibit P5|TRUE COPY OF THE INTERIM ORDER OF THIS| ||HON'BLE COURT IN WP(C) NO.8702 OF 2021 DATED| ||4.12.2021.| ----- ## **APPENDIX OF WP(C) 29067/2021** ## PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE REGULAR PERMIT VALID TILL| |---|---| ||19/4/2021.| |Exhibit P2|TRUE COPY OF THE RENEWAL APPLICATION| ||SUBMITTED BY THE PETITIONER ON 11/1/2021.| |Exhibit P3|TRUE COPY OF THE RECEIPT REGARDING THE| ||REMITTANCE OF FEE DATED 29/3/2021.| |Exhibit P4|TRUE COPY OF THE JUDGMENT OF THIS HON'BLE| ||COURT REPORTED AS 2018(4) KHC 617.| |Exhibit P5|TRUE COPY OF THE NOTIFICATION G.O.(MS)| ||NO.22/2020/TRAN DATED 1/7/2020.| |Exhibit P6|TRUE COPY OF THE GOVERNMENT NOTIFICATION| ||ISSUED ON 29/10/2021 AS G.O.RT)| ||NO.370/2021/TRANS.| |Exhibit P7|TRUE COPY OF THE INTERIM ORDER PASSED BY THIS| ||HON'BLE COURT ON 29/10/2021 IN WP(C) NO.8702| ||OF 2021 AND CONNECTED CASES.| |Exhibit P8|TRUE COPY OF THE INTERIM ORDER DATED| ||4/12/2021 IN WP(C) NO.8702/2021.| ---- ## **APPENDIX OF WP(C) 30065/2021** ## PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE REGULAR PERMIT VALID TILL 03.08.2021. - Exhibit P2 TRUE COPY OF THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER ON 09.07.2021. - Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT REPORTED AS 2018(4) KHC 617. - Exhibit P4 TRUE COPY OF THE NOTIFICATION G. O.(MS) N O.22/2020 DATED 01.07.2020. - Exhibit P5 TRUE COPY OF THE GOVERNMENT NOTIFICATION ISSUED ON 29.10.2021. - Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 29.10.2021 IN WP(C) NO.8702 OF 2021 AND CONNECTED CASES. - Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.8702/2021 DATED 04.12.2021. ----- ## **APPENDIX OF WP(C) 30861/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SAID REGULAR PERMIT. Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 2.10.2020. Exhibit P3 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC NO.8702 OF 2021 DATED 29.10.2021. Exhibit P4 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WPC NO.8702 OF 2021 DATED 4.12.2021. -----