Kerala High Court
P.K Devi vs The Regional Transport Authority on 14 January, 2026
WP(C) NO. 42416 OF 2025 1 2026:KER:2697
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 14th DAY OF JANUARY 2026 / 24TH POUSHA, 1947
WP(C) NO. 42416 OF 2025
PETITIONER:
P.K DEVI, AGED 85 YEARS,
W/O.KUNHIKANARAN (LATE), JAYANTHI,
PONMERIPARAMBIL, VILLAPPALLY, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673542
BY ADV SHRI.K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
VATAKARA, REPRESENTED BY ITS SECRETARY,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673104
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,VATAKARA,
KOZHIKODE DISTRICT, PIN - 673104
3 SUNIL KUMAR,
S/O KUNHIKANARAN, JAYANTHI, PONMERIPARMBIL,
VILLAPPALLY, VATAKARA, PIN - 673542
4 PUSHPAVALLY,
W/O VIJAYAN, PADINHAREPUTHIYOTTIL,
CHOMBALAP.O., MUKKALI, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673308
5 PRASEED BABU V.V, S/O KUMARAN, PRASSANNA NIVAS,
VELLIKULANGARA, ONCHIYAM, ERAMALA,ORKATTERI,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673501
6 RAJESH K.V,
S/O K.V. KUMARAN, AYAPPAN HOUSE,VELLIKULANGARA,
WP(C) NO. 42416 OF 2025 2 2026:KER:2697
ONCHIYAM, MUTHAMBI ROAD, KOYILANDY,
KOZHIKODE DISTRICT, PIN - 673305
7 RAMAN KUTTY,
S/O KUNJIRAMAN NAIR, MOMATH PURAMERI, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673503
8 BABU K.R.,
S/O POKKAN, KAVIL KUNIYIL HOUSE, KANNAMMAKKARA,
ERAMALA, KANNAMMAKKARA P.O., VATAKARA,
KOZHIKODE DISTRICT, PIN - 673308
9 SANGEETH K, S/O BALAN T.K.,
KUNNAMBETHKIZHAKKAYIL,THOTTILIKKARA, ERAMALA,
CHOMBALA, VATAKARA, KOZHIKODE DISTRICT,
PIN - 673308
10 NIDIL NATH, S/O SATHYANATH, KIZHAKKAYIL,
CHERUSSERI ROAD, ADAKKATHERU, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673104
BY ADVS. SMT.G.CHITRA
SRI.O.D.SIVADAS
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 14.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 42416 OF 2025 3 2026:KER:2697
JUDGMENT
The writ petition is filed with the following prayers.
"i) To issue a writ of Mandamus directing the State Transport Appellate Tribunal to extent the interim order by passing orders on Ext-P7 Miscellaneous petition pending the M.P.No.2504/2025 in appeal MVAA No. 147/2024 at the earliest, in the interest of justice.
ii) To issue a writ of Mandamus directing the 2nd respondent to permit the petitioner to continue the service by maintaining status quo, till orders are passed by the Tribunal in Ext-P7 or till the judgment is rendered by the Tribunal in MVAA No.147/2024 whichever is earlier, in the interest of justice.
iii) To issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case.
iv) To dispense with the filing of translation of vernacular documents;"
2. It is seen from Ext.P5 order that in the appeal preferred by the petitioner herein, the Secretary, Regional Transport Authority, Vatakara, was directed to issue a temporary permit on the route Thannerpanthal-Panoor for SC KL 13/AA 2527 stood in the name of WP(C) NO. 42416 OF 2025 4 2026:KER:2697 3rd respondent who is the transferee in place of KL 13/M 7071 for a period of 40 days. After the passing of the said order, the contesting respondents 4 to 10 entered appearance and objected to the extension of the interim order. Thereafter, no orders were passed by the Tribunal, and the application preferred was posted along with the appeal. It is aggrieved by this that the writ petition was filed.
3. This court had passed an interim order on 12.11.2025 as follows.
"The learned Government Pleader takes notice for respondents 1 and 2. Issue notice by speed post to respondents 3 to 10. In view of the interim order passed by the Tribunal directing issuance of a temporary permit, the petitioner will be permitted to continue the service on the route Thannerpanthal - Panoor for a period of two months. Post on 06.01.2026."
4. Though the learned counsel for the contesting respondents opposed the grant of extension of the temporary permit initially granted by the Tribunal, taking note of the fact that the appeal itself is pending consideration before the Tribunal, I am WP(C) NO. 42416 OF 2025 5 2026:KER:2697 inclined to direct the Tribunal either to pass orders in the interlocutory application seeking temporary permit by the petitioner or pass orders in the appeal itself within a month from the date of receipt of a copy of this judgment. All the contentions of the parties are left open. Till orders are passed as directed above, the interim order granted by this court will continue to operate.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
WP(C) NO. 42416 OF 2025 6 2026:KER:2697 APPENDIX OF WP(C) NO. 42416 OF 2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT VALID TILL 16.07.2021.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 27.10.2021.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 11.05.2022.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 27.02.2024.
Exhibit P5 TRUE COPY OF THE ORDER OF THE TRIBUNAL IN MP NO. 1379/2024 IN MVAA NO. 147/2024 DATED 15.06.2024.
Exhibit P6 TRUE COPY OF THE PRESENT TEMPORARY PERMIT VALID UPTO 12.11.2025.
Exhibit P7 TRUE COPY OF THE AFFIDAVIT ALONG WITH PETITION IN MP NO. 2504/2025 IN MVAA NO. 147/2028.
Exhibit P8 TRUE COPY OF THE ORDER DETAILS TAKEN FROM THE COURT WEBSITE DATED NIL.
// TRUE COPY // P.A. TO JUDGE