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2026 Supreme(Online)(Ker) 20381

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
JOSEPH THOMAS M. – Appellant
Versus
THE TAHSILDAR IRITTY TALUK OFFICE – Respondent
WP(C) NO. 7414 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.S.PARVATHI, SRI.ADITHYA RAJEEV
For the Respondents: SHRI.CIBI THOMAS, SHRI. BINOY DAVIS

Courts may dismiss writ petitions when effective alternative remedies are available under statute, reflecting the principle of judicial restraint.

Headnote:The writ petition was filed challenging an order of assessment under the Kerala Building Tax Act, 1975. The court found that there was an effective alternative remedy available, ruling that it was unnecessary to invoke jurisdiction under Article 226 of the Constitution. The petitioner was not denied a hearing on reasonable grounds. The petition was dismissed with the option to pursue statutory remedies.

Table of Content
1. challenge to assessment under kerala building tax act. (Para 1)
2. no need for jurisdiction under article 226 due to effective alternative remedy. (Para 2)

JUDGMENT

This writ petition is filed by the petitioner challenging Ext.P3 order of assessment under the provisions of the Kerala Building Tax Act , 1975. However, as far as the said order is concerned, it is an order appealable under the provisions of the Act before the Revenue Divisional officer.

2. In such circumstances, even though the learned counsel for the petitioner raised various contentions including the denial of opportunity of being heard, taking note of the amount involved in the matter, I do not find any necessity to invoke the jurisdiction of this Court under Article 226 of the Constitution of India, when there is an effective alternative remedy provided.

Accordingly, this writ petition is dismissed without prejudice to the right of the petitioner to invoke the statutory remedies.

Sd/-

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