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High Court of KeralaWP(C)/15058/2015disposed of

C.J.Varghese v. The Tahsildar

2015-12-07Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 WP(C).No. 15058 of 2015 (F) ---------------------------- PETITIONER :

----------------------- SHRI.C.J.VARGHESE, S/O.C.V.JACOB,AGED 66 YEARS, DOOR NO.282, CHERUPALLIKKATTU, CHERTHALA VILLAGE (NORTH), CHERTHALA.

BY ADVS.SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY RESPONDENT(S):

----------------------------

1. THE TAHSILDAR, CHERTHALA TALUK, ALLEPPEY DISTRICT, CHERTHALA P.O.- 688 007

2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, MINISTRY OF REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. PIN-695 001 BY GOVERNMENT PLEADER SMT. LILLY.K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 15058 of 2015 (F) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE BUILDING TAX ASSESSMENT ORDER BEARING NO. BT 253/90 DATED 14.3.1991 P2- TRUE COPY OF THE RECEIPT BEARING NO.24 DATED 8.7.1991 ISSUED BY THE CHERTHALA VILLAGE OFFICER P3TRUE COPY OF THE RECEIPT BEARING NO.64 DATED 30.10.1991 ISSUED BY THE CHERTHALA VILLAGE OFFICE P4COPY OF THE PERMIT ISSUED BY THE CHERTHALA MUNICIPALITY. P5TRUE COPY OF THE ORDER OF ASSESSMENT DATED 11.10.2012 BEARING NO. BT 23523/12/G2 ISSUED BY THE 1ST RESPONDENT P6- TRUE COPY OF THE REPRESENTATION DATED 22.12.2012 SUBMITTED BEFORE THE 1ST RESPONDENT P7TRUE COPY OF THE REPRESENTATION DATED 18.2.2015 P8TRUE COPY OF HTE COMMUNICATION DATED 28.2.2015 ISSUED BY THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 15058 of 2015 ===================================================== Dated this the 7th day of December, 2015

JUDGMENT

Aggrieved by Ext.P5 assessment order under the Kerala Building Tax Act, the petitioner has approached the 1st respondent through Ext.P7 rectification application under Section 15 of the Kerala Building Tax Act. The limited prayer of the petitioner is for a direction to the 1st respondent to consider and pass orders on Ext.P7 rectification application, expeditiously, after hearing the petitioner and to keep in abeyance the recovery proceedings for recovery of the amounts confirmed against the petitioner by Ext.P5 assessment order.

2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P7 rectification application preferred by the petitioner before him, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

-2W.P.(C). No. 15058 of 2015 Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P5 order, shall be kept in abeyance till such time as orders are passed by the 1st respondent as directed and communicated to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /7.12.15