IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 2432 of 2010(D) --------------------------------------- PETITIONER(S): ------------------------ P.E.NARAYANAN, AGED 50 YEARS, S/O. AMMALUKUTTY, PADINHARA ERANHIKKAL, P.O.KOTTAKKALL, VIA IRINGAL, CALICUT. BY ADVS. MR.MANJERI SUNDERRAJ, SMT.K.K.PREETHA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REP.BY SECETARY TO GOVERNMENT, TRANSPORT MINISTRY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, (RTA),ROAD TRANSPORT AUTHORITY, RTA OFFICE, VATAKARA, KOZHIKODE. 3. M/S.SREEHARI TRANSPORTS, OPERATOR OF STAGE CARRIAGE, BUS KL 18A 9231, "SREEHARI', PARAMBRA P.O., KOZHIKODE. BY GOVERNMENT PLEADER MR.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.2432 OF 2010 ............................................ DATED THIS THE 2nd DAY OF FEBRUARY, 2010 JUDGMENT The complaint of the petitioner is that the second respondent has, without hearing the petitioner, and without giving him a notice, or an opportunity to participate in the timing conference, issued a change in timings to the Stage Carriage bus No.KL-18 A/9231. The petitioner is an operator who is operating service as per Ext.P3 permit. According to him, the change in timings seriously prejudices his opertions. Therefore, he has challenged the action of the second respondent in this writ petition. 2. The Government Pleader points out that the petitioner can file a revision under Section 90 of the Motor Vehicle Act before the State Transport Appellate Tribunal against the timing granted to the third respondent. 3. In view of the alternative remedy available to the petitioner by way of revision before the STAT, this writ petition is disposed of directing the petitioner to challenge the timing alloted to the third Wpc 2432/2010 2 respondent by way of revision before the STAT. If the third respondent has not started operating his motor vehicle in accordance with the altered timing, he shall not start operations for a period of one week. K.SURENDRA MOHAN, JUDGE lgk