IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6398 of 2009(T) ------------------------- PETITIONER(S): ---------------------- SUMONI PAUL, AGED 35 YRS, W/O. PAUL, VET4TUVAZHI PUTHENPURA, PERIYARAM, AIKARNAD SOUTH. BY ADVS. SRI.A.T.ANILKUMAR & SMT. V. SHYLAJA. RESPONDENT(S): ------------------------- 1. TAHSILDAR, KUNNATHUNADU. 2. VILLAGE OFFICER, AIKARNAD SOUTH. 3. THE SECRETARY, POOTHRIKKA GRAMA PANCHAYATH. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 6398 OF 2009 T -------------------------------------- Dated this the 27th February, 2009 JUDGMENT Petitioner challenges Ext.P4. Ext.P4 is an order passed under the Kerala Building Tax Act against which the petitioner has a remedy of filing Appeal. I heard the learned Government Pleader also. There is no dispute that Appeal can be filed against the assessment under the Luxury Tax Act, without remitting the amount. Learned counsel for the petitioner submits that the order was received on 15.2.2009. In view of the fact that the petitioner has a remedy of filing Appeal, I relegate the petitioner to pursue the appellate remedy. Recovery proceedings pursuant to Ext.P4 will be kept in abeyance for a period of one month from today. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge