V.C.Sivadas v. Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No. 30762 of 2014 (U) ---------------------------- PETITIONER(S):

-------------------------- V.C. SIVADAS, AGED 38 YEARS, S/O.CHANDRAN, 9/618, PARIYASSERY HOUSE, MANKARA P.O, PALAKKAD.

BY ADVS.SRI.M.JITHESH MENON, SMT.K.INDU (POURNAMI).

RESPONDENT(S):

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

1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD -678 001.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD- 678 001.

* ADDL. R3 & R4 IMPLEADED

3. K. SUDHAKARAN, SON OF KUTTY MENON, PAVANA HOUSE, PALLASSERY, PARALY P.O., PALAKKAD.

4. T. GOPINATH, 10/250, POWRNAMI, S.V. ROAD, CHITTUR, PALAKKAD - 678 150.

* ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER DATED 28.11.2014 IN IA. NOS.16222/2014 AND 16223/2014 RESPECTIVELY. R1 & R2 BY GOVT. PLEADER SRI.R. RANJITH.

ADDL. R3 BY ADV. SRI.P.SANTHOSH KUMAR.

ADDL. R4 BY ADV. SRI.STALIN PETER DAVIS.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 30762 of 2014 (U) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1. COPY OF THE TEMPORARY PERMIT DATED 15.07.2014. EXHIBIT P2. COPY OF THE PRESENT TEMPORARY PERMIT DATED 11.11.2014. EXHIBIT P3. COPY OF THE ORDER WITH TIMINGS OF THE 2ND RESPONDENT DATED 09.08.2012.

EXHIBIT P4. COPY OF THE REPORT DATED NIL SUBMITTED BY THE MOTOR VEHICLES INSPECTOR.

EXHIBIT P5. COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12.08.2014.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J ................................................. . W.P.C. No.30762 of 2014 .............................................. Dated this the 19th day of February,2015.

J U D G M E N T

Since the petitioner has an appellate remedy by way of an appeal before the STAT to challenge Ext.P5 order, this Court would not exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.

2. Suffice it to say that the writ petition would stand closed with liberty reserved as above. But however making it clear that the additional respondents should be impleaded in the appeal if at all any is filed from Ext.P5. The period of pendency of this writ petition from 18-11-2014 till today would not be taken as a delay in filing the appeal.

K. VINOD CHANDRAN, JUDGE smm