IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19841 of 2011(E) --------------------------------------- PETITIONERS: --------------------- 1. T.SURESHKUMAR, THALETHODI HOUSE, VAYAPPARAPADI, MANJERI.P.O.,MALAPPURAM. 2. MOHAMMED RASHEED, ARAYILAKATH HOUSE, P.O.EDAVANNA, MALAPPURAM DISTRICT. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT. CHITRA.G. RESPONDENT: ---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505. BY SR. GOVT. PLEADER SRI. K.S. ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19841/2011-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT DTD. 07/07/2011. EXT.P.2: COPY OF THE ORDER OF THE RESPONDENT DTD. 08/07/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.19841 of 2011 ----------------------------------------- Dated this the 21st July, 2011 JUDGMENT Ext.P2 order passed by the Secretary, Regional Transport Authority, Malappuram on 8.7.2011 rejecting a joint application for variation of the time schedule submitted by two stage carriage operators, is under challenge in this writ petition. Under section 90 of the Kerala Motor Vehicles Act, 1988 the petitioners can challenge the said order by way of a revision before the State Transport Appellate Tribunal. The period of limitation prescribed for filing a revision petition under the Act is 30 days from the date of the order, which has been interpreted by a Division Bench of this Court in Varghese v. RTO, 1984 KLT 1082, to mean 30 days from the date of communication of the order. Since Ext.P2 order was passed only on 8.7.2011, even assuming that it was communicated on the same day, as on today the period of limitation for filing a revision petition has not expired. The petitioner thus has a meaningful and effective remedy before the State Transport Appellate Tribunal. In such circumstances I am of W.P(C).No.19841 of 2011 -:2:- the opinion that the petitioners should exhaust that remedy before seeking the intervention of this Court. I accordingly dismiss the writ petition leaving open the contentions of the petitioners and reserving liberty with them to move the State Transport Appellate Tribunal by filing a revision petition and with the observation that in the event of the petitioners filing a revision petition before the State Transport Appellate Tribunal within the stipulated time, the State Transport Appellate Tribunal shall endeavour to dispose it of within three months from the date of filing of the revision petition. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.19841 of 2011 ---------------------------- JUDGMENT 21st July, 2011