IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1797 of 2010(Y) ------------------------------------- PETITIONER: ------------------- WILSON, S/O.ANTHONY KARUTHY HOUSE KODAKARA, THRISSUR DISTRICT. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN.H. RESPONDENT: ---------------------- THE JOINT R.T.O., IRINJALAKUDA. BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.1797 of 2010 ---------------------------- Dated 19th January, 2010 JUDGMENT Ext.P5 order passed by the Additional Registering Authority, Irinjalakuda rejecting the application filed by the petitioner for alteration of the class of the petitioner's vehicle is under challenge in this writ petition. Under section 57 of the Motor Vehicles Act, 1988 an appeal lies from Ext.P5 to the Deputy Transport Commissioner. A Division Bench of this Court has in Biju Chacko & others v. The Deputy Director of Mining & Geology (2006 (1) KLJ 401) held that where the statute provides a remedy by way of appeal, there is no justification to exercise the jurisdiction of this Court under Article 226 of the Constitution of India. In such circumstances, as the petitioner has an effective and meaningful remedy by way of appeal, I decline jurisdiction and dismiss the writ petition without prejudice to the right of the petitioner to move the competent authority challenging Ext.P5 order in appeal. P.N.RAVINDRAN Judge TKS