IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8894 of 2008(H)
1. S. KRISHNA KIRAN, AGED 33 YEARS,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY,TRISSUR
... Respondent
2. THE SECRETARY,
3. THE KERALA STATE ROAD TRANSPORT
For Petitioner :SRI.P.GOPALAKRISHNA MENON
For Respondent :SHRI.JOHNSON P.JOHN, SC, KSRTC
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/06/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 8894 OF 2008
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Dated this the 30th day of June, 2010
JUDGMENT
The petitioner challenges Ext.P6 order dated 5.1.2008, passed
by the Regional Transport Authority, Thrissur, revoking the decision
of RTA dated 18.1.2007.
2. A preliminary objection is raised by the learned
Government Pleader that the petitioner has an effective alternative
remedy of appeal before the State Transport Appellate Authority,
under Section 89 of the Motor Vehicles Act and therefore the Writ
Petition is not maintainable.
3. Since the petitioner has an effective remedy of appeal,
there is no reason why this Writ Petition should be entertained.
4. The learned counsel for the petitioner submitted that Ext.P6
order was signed on 31.1.2008 and it was received by the petitioner
much later. The Writ Petition was filed on 14.3.2008. If an appeal is
W.P.(C) NO.8894 OF 2008
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filed now, it would be barred by limitation. The petitioner was bona
fide prosecuting the Writ Petition. Therefore, the time during which
the Writ Petition was pending can be excluded in computing the
period of limitation for filing the appeal. If the petitioner files an
appeal before the State Transport Appellate Authority within a period
of two weeks from today, the same shall be treated as having been
filed within time and the appeal shall be disposed of in accordance
with law.
The Writ Petition is disposed of as above.
(K.T.SANKARAN)
Judge
ahz/