IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 10561 of 2009(M) -------------------------- PETITIONER: --------------- O.V.SHIBU, OLANGATH HOUSE, NOOLPUZHA P.O., KALLUMUKKU, SULTHAN BATHERY, WAYANAD. BY ADV. SRI.M.A.FAYAZ RESPONDENTS: --------------- THE REGIONAL TRANSPORT OFFICER, WAYANAD. ADDL.R2 : DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, CALICUT. (ADDL.R2 IMPLEADED AS PER ORDER DT.8.6.2009 IN I.A.NO.6227/2009) GOVERNMENT PLEADER, SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, ALONG WITH WPC NO. 10934 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------------------------- W.P.(C) Nos.10561 & 10934 OF 2009 -------------------------------------------------- Dated this the 17th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioner has already invoked the statutory remedy available to him, challenging the refusal of the registering authority to assign new registered marks to his vehicles. The learned Government Pleader, Smt. R.Bindu, upon instructions submitted that the appeals are received and pending before the Appellate Authority. But, they are defective in as much as the petitioner has failed to pay the requisite fee and sufficient number of copies of the appeal memorandum have not been produced. She further submitted that, if those defects are cured, the appeals will be disposed of in accordance with law. Once the petitioner has invoked the statutory remedy available to him, it is unnecessary to consider the Writ Petition on merits. Accordingly, the Writ Petitions are closed without prejudice to the contentions W.P(C) Nos.10561 & 10934/2009 2 of the writ petitioner and his right to pursue the statutory appeals preferred by him. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps