This petition challenged a revision order rejecting a request for altered timings. The Court dismissed the petition, holding the petitioner raised a new procedural ground not heard below and that the finding of no change in circumstances was a factual finding not susceptible to upset.
Petition dismissed with no merit found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930
WP(C).No. 1235 of 2008(V)
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PETITIONER:
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A.C.JOSE, ANNIYIL HOUSE, KATTANAM P.O., PALLICKAL, MAVELIKKARA, ALAPPUZHA DISTRICT.
BY ADV. SRI.G.PRABHAKARAN
RESPONDENTS:
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1. THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA.
3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.
BY GOVERNMENT PLEADER SRI. MR.. SABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.1235/2008 V
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE TIMINGS OF KL-4/U 4861. |
|---|---|
| EXT.P2: | COPY OF THE REQUEST DTD. 5/06/2007. |
| EXT.P3: | COPY OF THE PROCEEDINGS DTD. 9/07/2007. |
| EXT.P4: | COPY OF THE APPEAL MEMORANDUM DTD. 10/08/2007 IN M.V.A.R.P.NO.395/2007. |
| EXT.P5: | COPY OF THE ORDER DTD. 24/11/2007 IN M.V.A.R.P. NO.395/2007. |
/TRUE COPY/
P.S.TO JUDGE
Kss
ANTONY DOMINIC, J.
W.P.(C) 1235 of 2008
Dated: APRIL 4, 2008
JUDGMENT
The challenge in this writ petition petition is against Ext.P3 as confirmed by Ext.P5.
authority, it is not open for the petitioner to urge the same in the writ petition. That apart, both the authorities are consistent that
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WP(C) 1235/08
there has not been any change of circumstance. This factual finding cannot be upset in this proceedings.
I do not find any merit in the writ petition. It is accordingly
dismissed.
ANTONY DOMINIC, JUDGE
mt/-
2 issues framed by the court
Whether the petitioner is entitled to revision of timings despite lack of change of circumstance and failure to raise a procedural grievance below.
Whether the factual finding of no change in circumstances is open to challenge in writ proceedings.
A.C.JOSE
THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA
THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
