IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 169 of 2010(U) ------------------------ PETITIONER(S): --------------- SOBY GEORGE, S/O.KORA GEORGE, AGED 42 YEARS, PROPRIETOR, M/S.KALAGRUHAM MUSIC SCHOOL, FR.ABEL NAGAR, NELLIMATTOM, KOTHAMANGALAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. JOINT REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. STATE OF KERALA, REP. BY THE SECRETARY, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 169 of 2010 -------------------------------------- Dated, this the 5th day of January, 2010 J U D G M E N T The basic issue involved in the Writ Petition is as to reclassification of the category of vehicles as Educational Institution vehicles and to facilitate payment of tax accordingly. The petitioner had earlier approached this Court by filing WPC 24614/2009, which was disposed of as per Ext.P6 judgment, whereby the grievance projected by the petitioner in the representation preferred before the first respondent was directed to be considered. Pursuant to the said verdict, the 1st respondent considered the representation and passed Ext.P7 order on 01.10.2009, which is subjected to challenge in this Writ Petition. 2. The learned Government Pleader appearing for the respondents submits that the petitioner has approached this Court without exhausting the statutory remedy available to him by way of appeal as provided under Section 57 of the Motor Vehicles Act, read with the relevant Rule 1989. In the above circumstances, interference is declined in the Writ Petition, without prejudice to the right of the petitioner to pursue the statutory remedy by way of appeal as mentioned WP(C) No.169/2010 2 above. If any such appeal is filed by the petitioner within two weeks from today, the same shall be caused to be considered and finalized by the Deputy Transport Commissioner (who is the competent authority as stated by the learned Government Pleader) in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc