This petition was dismissed as withdrawn by the petitioner, reserving his right to file an original petition under Article 227 for supervisory jurisdiction over the Tribunal impugned judgment.
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 ANIL K.NARENDRAN
MONDAY, THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940
WP(C).No. 34728 of 2018
PETITIONER:
JAKSON C JOSEPH, AGED 48 YEARS, S/O JOSEPH, CHUNDAKKATTIL, ETTUMANOOR P.O., KOTTAYAM-686 631
BY ADV. SRI.SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN-686 001.
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686 001.
3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM - 686 001.
4 PHILP C. JOHN, S/O. JOHN, CHIRAYAKKAL HOUSE, LAKKATTOR NORTH, LAKKATTOR P.O., KOOROPPADA, KOTTAYAM - 686 502.
R1 & R2 SMT.C.S.SHEEJA SENIOR GOVT.PLEADER R3 BY ADV.SRI.P.C.CHACKO, SC FOR KSRTC R4 BY SRI K.V.GOPINATHAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of Certiorari to quash Ext.P3 judgment dated 06.09.2018 of the State Transport Appellate Tribunal, Ernakulam in MVAA No.275/2017. The petitioner has also sought for other consequential reliefs.
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W.P.(C).No.34728/2018
Appellate Tribunal, a writ petition under Article 226 of the Constitution of India is not maintainable and the petitioner has to challenge the said order, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.
Sd/- ANIL K. NARENDRAN JUDGE
avs
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.11.2017 ISSUED BY THE IST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL ALONG WITH THE EXHIBITS. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 06.09.2018 IN MVAA NO. 275/2017 OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.
4TH RESPONDENT'S EXHIBITS:
| EXHIBIT R4(A) | A TRUE COPY OF THE ADDITIONAL AFFIDAVIT. |
|---|---|
| EXHIBIT R4(B) | A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-5/AB-4777. |
| EXHIBIT R4(C) | A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-05/R-255. |
| EXHIBIT R4(D) | A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-05/Y-299. |
| EXHIBIT R4(E) | A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-05/AJ-1177. |
| EXHIBIT R4(F) | A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-05/AK-2077. |
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable to quash a judgment of the State Transport Appellate Tribunal.
1 provisions across 1 enactments
Jakson C Joseph
The Regional Transport Authority, Kottayam
The Secretary, Regional Transport Authority, Kottayam
The District Transport Officer, Kerala State Road Transport Corporation, Kottayam
Philp C. John
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
