Cheriyan Pailykunju v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 22341 of 2015 (P) ---------------------------- PETITIONER:

------------------ CHERIYAN PAILYKUNJU, AGED 55 YEARS, S/O.PAILKUNJU, RESIDING AT THEKKEVEETTIL HOUSE, MEMURY P.O, MANVETTOM, KOTTAYAM 686 611.

BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686 002.

BY ADV. GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22341 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 COPY OF THE CERTIFICATE OF REGISTRATION FOR THE PETITIONERS VEHICLE BEARING REGISTRATION NO.KL-03-J-949.

EXHIBIT P2 COPY OF RELEVANT PAGE SHOWING THE DECISION OF THE RTA AT THE MEETING HELD ON 14.5.15 VIDE ITEM NO.4.

EXHIBIT P3 TRUE COPY OF THE NOITICE SIGNED BY THE RESPONDENT DATED 19.6.15.

EXHIBIT P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 2.7.15. BEFORE THE RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 22341 OF 2015 ------------------------------------ Dated this the 28th day of September, 2015

JUDGMENT

The Government Pleader on instructions submits that Ext.P4 objection put in by the petitioner was considered while finalising the timings in the conference held on 02.07.2015. The remedy therefore of the petitioner is to challenge the proceedings in a revision under Section 90 of the Motor Vehicles Act.

The Writ Petition is dismissed without prejudice to the right of the petitioner as above.

V. CHITAMBARESH JUDGE ncd