Muraleedharan Nair v. The Secretary, Rta, Vatakara

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28338 of 2015 (N) ---------------------------- PETITIONER(S):

---------------- MURALEEDHARAN NAIR, AGED 46 YEARS S/O.RAMANAN, ALIKKAL HOUSE, KANIPPAYOOR KUNNAMANGALAM, THRISSUR.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S):

-------------------

1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA, 673101.

2. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR THIRUVANANTHAPURAM 695 039.

R2 BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPORATION.

R BY GOVERNMENT PLEADER SRI.K.A.SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.28338 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT ISSUING TIMINGS FOR THE PETITIONER'S SERVICE DATED 23.2.2007 EXHIBIT P2 :

TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) NO.45/2015/Tran. DATED 20.8.2015.

EXHIBIT P3 :

TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT NO.C8/77454/2015 DATED 11.9.2015.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.28338 of 2015 --------------------- Dated this the 18th day of September, 2015

J U D G M E N T

The challenge to the fixation of timings by Ext.P3 order as being in violation of Ext.P2 order can be more appropriately challenged in a revision under Section 90 of the Motor Vehicles Act, 1988. I do not find any ground to by-pass the statutory remedy when many factual and legal issues are involved.

The Writ Petition is dismissed without prejudice to the right of the petitioner to invoke the statutory remedy.

Sd/- V.CHITAMBARESH, Judge.

nj.