IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21254 of 2011(F) -------------------------- MVAR.8/2011 of S.T.A.TRIBUNAL,ERNAKULAM .................... PETITIONER(S): --------------- T.L. LONA, S/O. LAZAR, THEKKEKARA HOUSE, CHITTILAPILLY.P.O, THRISUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. P.K. SARITHA, AGED 32, W/O. SUBASH, MUKTHI NIVAS, NEAR BUS STAND, P.O. PARASSINIKADAVU, KANNUR DISTRICT - 670 001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY, PIN - 676 505. 3. DEPUTY TRANSPORT COMMISSIONER, THRISSUR - 680 001. 4. SHEELA PAUL, CHOWALLUR HOUSE, KARUMAL.P.O, VELUR, THRISSUR DISTRICT - 680 001. 5. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM - 682 001. BY GOVERNMENT PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.21254/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR DATED 23.12.2002 RESETTLING THE TIMINGS OF THE PETITIONER'S SERVICE OPERATING ON THE ROUTE THRISSUR - KUTTIPPURAM. EXT.P2. TRUE COPY OF THE ORDER MADE IN MVARP NO.8/2011 DATED 17.3.2011 PASSED BY THE STATE TRANSPORT APPELLATE TIRBUNAL, ERNAKULAM. EXT.P3. TRUE COPY OF THE PROCEEDINGS NO.C5/2349/2011 DATED 25.7.2011 ISSUED BY THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.21254 of 2011 ----------------------------------------- Dated this the 4th August, 2011 JUDGMENT Ext.P3 order dated 25.7.2011 revising the time schedule allotted to the stage carriage operated by the 4th respondent is under challenge in the instant writ petition. Under section 90 of the Motor Vehicles Act, 1989 the petitioner has a remedy by way of revision before the State Transport Appellate Tribunal. The period of limitation prescribed for filing a revision is 30 days from the date of the order. The words “date of the order” have been interpreted by a Division Bench of this Court in Varghese v. R.T.O., 1984 KLT 1082, to mean the date on which the aggrieved party had actual or constructive knowledge of the order sought to be revised. In the instant case even assuming that the order was passed and communicated to the petitioner on 25.7.2011 the period of limitation prescribed under section 90 of the Motor Vehicles Act, 1989 has not expired. I am therefore of the opinion that the petitioner should avail the alternative remedy available to him by way of revision before the State Transport Appellate W.P(C).No.21254 of 2011 -:2:- Tribunal, instead of seeking the intervention of this Court. I accordingly decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to challenge the impugned order in other appropriate proceedings. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.21254 of 2011 ---------------------------- JUDGMENT 4th August, 2011