IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 8894 of 2008(H) PETITIONER: --------------- S. KRISHNA KIRAN, AGED 33, S/O. M.O. NARAYANAN, VADAKKEVALAPPIL HOUSE, VIYYUR, THRISSUR, PIN-680010. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENTS: --------------- 1. THE REGIONAL TRANSPORT AUTHORITY,THRISSUR 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. 3. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, THRISSUR. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R3 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED NIL SIGNED ON 19.3.2007. EXT.P2 TRUE COPY OF THE LETTER PRODUCING THE CURRENT RECORDS OF THE VEHICLE KL-8/Q.1413 DATED 13.4.2007. EXT.P3 TRUE EXTRACT OF THE GENERAL NOTICE FOR THE TIMING CONFERENCE TO BE HELD ON 7.8.2007. EXT.P4 TRUE COPY OF THE NOTICE DATED 21.12.2007. EXT.P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 5.1.2008. EXT.P6 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 5.1.2008. EXT.P7 TRUE COPY OF THE JUDGMENT IN M.V.A.A.NO.729 OF 2006 DATED 3.2.2007. EXT.P8 TRUE COPY OF THE REGULAR PERMIT GRANTED TO ANOTHER OPERATOR ON THE ROUTE TRAVERSING THE SAME SECTOR MUNDUR-TRISSUR DATED 12.2.2008. EXT.P9 TRUE COPY OF THE DRAFT NOTIFICATION DATED 9.5.2007. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 8894 OF 2008 ------------------------------------------------------ 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 :: 2 :: 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/