K.P.Veerankutty v. The Revenue Divisional Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 34021 of 2015 (C) ---------------------------------------- PETITIONER(S):
---------------------- K.P.VEERANKUTTY, MANAGING DIRECTOR, ZEWAR COMMERCIAL CONSTRUCTIONS PVT.LTD., IIIRD FLOOR, MALABAR GATE, KOZHIKODE.
BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENT(S):
------------------------- 1.
THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR DISTRICT.
2.
THE TAHSILDAR, KANNUR-1.
3.
THE VILLAGE OFFICER, VILLAGE OFFICE, KANNUR-1.
4.
STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-690001.
BY GOVERNMENT PLEADER SRI.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 34021 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:
A TRUE COPY OF THE ASSESSMENT ORDER DATED 3.3.15 EXHIBIT-P2:
A TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER EXHIBIT-P3:
A TRUE COPY OF THE RECEIPT ISSUED Y THE R2 DATED 31/3/15 EXHIBIT P4:
COPY OF THE APPEAL MEMORANDUM ALONG WITH APPLICATION FOR STAY.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 34021 of 2015 ===================================================== Dated this the 11th day of November, 2015
JUDGMENT
Against Ext.P1 order of assessment passed under the Kerala Building Tax Act, the petitioner preferred Ext.P4 appeal and stay petition before the 1st respondent. The grievance of the petitioner is that even before considering the stay petition, the respondents are taking steps to recover the amounts confirmed against the petitioner by Ext.P1 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 and 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.P4 appeal, preferred by the petitioner before him, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 order, shall be kept in abeyance till such time as the 1st respondent
-2W.P.(C). No. 34021 of 2015 passes orders, as directed, and communicates the same to the petitioner.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /11.11.15