Bindu v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 23506 of 2015 (K) ---------------------------- PETITIONER:

------------------ BINDU, W/O.SREENIVAS, NANDANAM, KOTTANAD POST, MEPPADI, WAYANAD 673 577.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN SMT.UMMUL FIDA RESPONDENTS:

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1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD 673 001.

2. THE MOTOR VEHICLES INSPECTOR KALPETTA, WAYANAD 673 001.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23506 of 2015 (K) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 COPY OF THE STAGE CARRIAGE PERMIT NO.P.SP.12/320/2015 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

EXHIBIT P2 COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DATED 18.4.15 SETTING THE TIMING IN FAVOUR OF THE PETITIONER. EXHIBIT P3 COPY OF THE ORDER DATED 25.7.15 OF THE IST RESPONDENT REJECTING THE APPLICATION OF THE PETITIONER.

EXHIBIT P4 COPY OF THE PROPOSED TIMINGS PREPARED AND SUBMITTED BY THE PETITIONER.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 23506 OF 2015 ------------------------------------ Dated this the 4th day of September, 2015

JUDGMENT

The timings to operate services on the route was finalised by Ext.P2 proceedings. The same was refused to be altered by Ext.P3 order of the first respondent. The petitioner if aggrieved can very well resort to the statutory remedy available. A revision lies under Section 90 of the Motor Vehicles Act, 1988. The Writ Petition is dismissed without prejudice to the statutory remedy as above.

V. CHITAMBARESH JUDGE ncd