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2024 DIGILAW 869 (KER)

Bins K. B. S/o Balakrishna Pilla v. State Transport Appellate Tribunal, Ernakulam

2024-07-18

A.BADHARUDEEN

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JUDGMENT : A. BADHARUDEEN, J. 1. This Original Petition Civil has been filed under Article 227 of the Constitution of India, challenging Ext.P1 order in MVARP No. 125/2014 dated 31.07.2017 passed by the State Transport Appellate Tribunal, Ernakulam. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The learned counsel for the respondents would submit that this original petition, challenging Ext.P1 order, is not maintainable and he has placed a decision of a learned Single Judge of this Court in Valsaraj v. Rajan reported in 2019 SCC Online Ker 2657. In the said case, this Court considered the maintainability of a petition filed under Article 227 of the Constitution of India and after analysing the decisions in Life Insurance Corporation of India v. Nandini J. Shah, AIR 2018 SC 1197 , Thakur Das (Dead) by LRs. v. State of Madhya Pradesh and Another, (1978) 1 SCC 27 , Asnew Drums Pvt. Ltd. and Others v. Maharashtra State Financial Corporation and Others, (1971) 3 SCC 602 , Maharashtra State Financial Corporation v. Jaycee Drugs and Pharmaceuticals Pvt. Ltd. and Others, 1991 (2) SCC 637 , Ramcahndra Aggarwal v. State of Uttar Pradesh, 1966 Supp. SCR 393, Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker, (1995) 5 SCC 5 , this Court concluded that a Judicial Officer exercising the powers of State Transport Appellate Tribunal, acts as a persona designata, and not in his capacity as a pre-existing Judicial authority in the district, he being a District Judge. Therefore, the judgment/order passed by State Transport Appellate Tribunal is not a judgment/order passed by a civil court against which the remedy under Article 227 of the Constitution of India can be invoked. It is further held that such judgment/order can be challenged in a writ petition filed under Article 226 of the Constitution of India. 4. Since the legal position is made clear in Valsaraj’s case (supra), this Original Petition is not maintainable. Accordingly, this Original Petition (Civil) is dismissed as not maintainable with liberty to the petitioner to work out his remedies as per law. 5. The interim order of stay stands vacated. 6. Registry is directed to forward a copy of this judgment to the State Transport Appellate Tribunal, Ernakulam for information and further steps.