IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 1791 of 2009(L) ------------------------- PETITIONER(S): --------------- SAYED MOHAMMED, RESIDING AT MELATHAYIL HOUSE, VYLATHOOR P.O(VIA), NHAMANEKADU, THRISSUR - 679 563. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD RESPONDENT(S): --------------- THE KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KUNNAMKULAM P.O., THRISSUR DISTRICT. BY ADV. SRI. GRACIOUS KURIAKOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 1791 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th January, 2009. J U D G M E N T The petitioner challenges the assessment order passed by the respondent, assessing the second floor of a building owned by the petitioner to enhanced property tax despite having paid the tax originally assessed. According to the petitioner, this is a mala fide and vindictive action of the respondent as explained in the writ petition, in so far as the ground floor and first floor are assessed to property tax for far lesser amounts than the assessment now made on the 2nd floor. 2. I am of opinion that in so far as the Kerala Municipality Act and Rules provide for an appeal against the order of assessment now passed, the petitioner should exhaust that remedy first. Therefore, without prejudice to the right of the petitioner to challenge the impugned order in an appeal as provided in the Act and Rules, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.