Saji Padayathil v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No.11525 of 2015 (M) --------------------------------------- PETITIONER:

------------------- SAJI PADAYATHIL,AGED 50 YEARS, S/O.MATHEW,PADAYATTIL HOUSE, MUDAKKARAI,KURUPPAMPPADY, PRESIDENT,RAYAMANGALAM GRAMA PANCHAYAT.

BY ADV.SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS:

------------------------ 1.

THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA,PIN-686661.

2.

THE SECRETARY,THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA,PIN-68661.

3.

SHANITHA LATHIF,PANIKKARUKUDY HOUSE, PATTAI,PERUMBAVOOR,ERNAKULAM-683542.

R1 & R2 BY SENIOR GOVT. PLEADER SRI.BIJU MEENATTOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

W.P(C) NO.11525/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT AT ITS MEETING HELD ON 30.10.2014 IN ITEM NO.13.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 11525 of 2015 M - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 08th day of April, 2015

J U D G M E N T

The petitioner herein is a member of a Panchayat who seeks interference to Ext.P1 order, which is a variation granted to the 3rd respondent. The petitioner contends that since the petitioner had filed an objection before the authority and the same has not been considered, the petitioner is entitled to invoke the jurisdiction under Article 226 of the Constitution of India, especially since, Ext.P1 is not a speaking order. Even in such circumstance, since there is a remedy available under the statute before the State Transport Appellate Authority against the order dated 30.10.2014 and there is a provision to condone the delay, this Court declines exercise of discretion in considering the sustainability of Ext.P1 order. The petitioner is relegated to the alternate remedy available. Writ petition closed.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge