IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 9425 of 2011(C) ------------------------- PETITIONER(S): ------------------------ V.S.ABBAS, AGED 42 YEARS, S/O.SEYED MUHAMMED, VADAKKAYIL VEEDU, IDUVETTIKARA, KARRIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI-685 588. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENT, THIRUVANANTHAPURAM - 695001 2. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI (REPRESENTED BY ITS SECRETARY), IDUKKI - 685602 3. THODUPUZHA MINICIPALITY REPRESENTED BY ITS SECRETARY, THODUPUZHA - 685584 4. THE CHAIRMAN, MUNICIPAL COUNCIL, THODUPUZHA MUNICIPALITY - 685584 5. THE ASSISTANT SUPERINTENDENT OF POLICE, THODUPUZHA - 685584 6. THE CIRCLE INSPECTOR OF POLICE, THODUPUZHA - 685584 7. THE TRAFFIC AND ADVISORY COMMITTEE, THODUPUZHA REPRESENTED BY ITS CONVENOR - 685584 R1, R2, R5 TO R7 BY GOVT. PLEADER SRI.P.M. MANOJ R3 AND R4 BY SRI. P.K. SOYUZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9425 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE DECISION IS CLAIMED TRAFFIC ADVISORY COMMITTEE, THODUPUZHA DATED 21.1.2011. EXT.P2 : TRUE COPY OF THE PHOTOGRAPHS SHOWING TRAFFIC IN THE THODUPUZHA - MOOVATTUPUZHA ROAD. EXT.P3 : TRUE COPY OF THE ROUGH SKETCH SHOWING THE NEW TRAFFIC IMPOSITION. EXT.P4 : TRUE COPY OF THE ORDER DATED 22.2.2011 IN W.P.C. No.5593/2011 OF THIS HON'BLE COURT. EXT.P5 : TRUE COPY OF THE JUDGMENT DATED 25.7.1997 IN O.P.No.15117/1994 OF THIS HON'BLE COURT. EXT.P6 : TRUE COPY OF THE MINUTES DATED 11.2.2011 BY THE 7TH RESPONDENT. RESPONDENTS' EXHIBIT: NIL TRUE COPY P.A. TO JUDGE. Kp P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 9425 OF 2011 -------------------------- Dated this the 17th day of June, 2011 J U D G M E N T Ext.P1 order passed by the Traffic Advisory Committee, Thodupuzha on 21.1.2011 is under challenge in this writ petition. It is brought to my notice that Ext.P1 order was later modified and the Traffic Advisory Committee had passed yet another order dated 11.2.2011, that the said order was approved by certain modifications by the Regional Transport Authority, Idukki on 19.5.2011 and that challenging the same, the Ernakulam Private Bus Operators Association, Muvattupuzha Taluk Union has moved the State Transport Appellate Tribunal by filing a revision petition. In such circumstances as Ext.P1 order is no longer in force, I am of the opinion that the petitioner cannot successfully prosecute this writ petition. The petitioner's remedy in my opinion is to get himself impleaded in the revision petition that is pending before the State Transport Appellate Tribunal from the decision taken by the Regional Transport Authority, Thodupuzha on 19.5.2011 and put forward his contentions in that revision petition. The writ petition is accordingly dismissed as infructuous. P.N.RAVINDRAN, (JUDGE) vps WPC No./2011 2 P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 9425 OF 2011 -------------------------- Dated this the 29th day of March, 2011 O R D E R Admit. Issue urgent notice returnable in 10 days to respondents 1, 2 and 5 to 7. Sri.P.K.Souyz, learned standing counsel takes notice for respondents 3 and 4. In view of the interim order passed by this Court on 22.2.2011 in W.P.(C) No.5593 of 2011, which stands extended by a further period of three months by order passed on 17.3.2011, I am of the opinion that no separate orders are called for in this writ petition except to direct that it will be open to the petitioner herein to move the competent authority among the official respondents to hear him also while taking a decision in the matter. P.N.RAVINDRAN, (JUDGE) vps