IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35981 of 2009(P) ------------------------------------- PETITIONER(S): ----------------------- M.A. SCARIA, MATTAPARAMBIL HOUSE, KURISMOODU, CHANGANACHERRY. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ------------------------ THE REGIONAL TRANSPORT OFFICER, IDUKKI. BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35981 OF 2009 ------------------------------ Dated this the 14th day of December, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against Ext.P3 proceedings, through which request of the petitioner for making tax endorsement at the rate applicable to Non-Transport Vehicles for the period from 1.1.2006 to 31.8.2008, with respect to his stage carriage bearing Regn: No:KL-3A-1744, is rejected. It is noticed that petitioner has got an effective alternate remedy by way of appeal against Ext.P3 as provided under Section 23 of the Kerala Motor Vehicle Taxation Act. Under such circumstances this writ petition could not be entertained on merits. 2. The learned counsel for the petitioner, having confronted with the above situation, sought permission of this court to approach the appellate authority under statutory appeal. It is made clear that if the petitioner files appeal against Ext.P3 proceedings before the appellate authority concerned, within a period of one month from today, the same shall be considered and disposed of on merits with notice to the petitioner, at the earliest possible. It is made clear that the petitioner can seek W.P.(C).35981/09-P 2 appropriate interim reliefs from the appellate authority. 3. In order to facilitate the petitioner to approach the appellate authority as directed above, coercive steps pursuant to Ext.P3 proceedings shall be kept in abeyance for a period of six weeks from today. C.K.ABDUL REHIM, JUDGE. okb