High Court Kerala High Court

Kuriakose vs Tahsildar on 26 September, 2008

Kerala High Court
Kuriakose vs Tahsildar on 26 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27905 of 2004(V)


1. KURIAKOSE, S/O.CHERIAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. TAHSILDAR, MUVATTUPUZHA.
                       ...       Respondent

2. PAMPAKKUDA GRAMA PANCHAYATH,

3. DISTRICT COLLECTOR,

                For Petitioner  :SRI.T.O.XAVIER

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :26/09/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                   --------------------------------------------
                        W.P.C. NO. 27905 OF 2004
                   --------------------------------------------
               Dated this the 26th day of September, 2008

                                 JUDGMENT

Petitioner is challenging demand of luxury tax in respect of a

residential building. The specific case of the petitioner is that car porch

is not only used for parking cars but also used for agricultural

operations during harvest season and consequently this area should be

excluded from the total plinth area of the building. This Court has

taken the view that plinth area of car porch should be excluded for the

purpose of building tax assessment. The total plinth area assessed is

291.11 sq.metres which obviously attracts luxury tax. However,

petitioner’s case is that plinth area of car porch is 22 sq.metres and if

this area is excluded, petitioner’s building will be outside the scope of

Section 5A of the Building Tax Act. Petitioner is directed to get a

sketch prepared by a qualified person and produce the same before the

first respondent and if the sketch shows that plinth excluding car porch

is less than 278.7 sq. metres, then he will personally verify the area and

get the plinth area measured again and on verification if plinth area is

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found to be less than 278.7 sq. metres, he will recall the demand of

luxury tax. On the other hand, if the plinth area is 278.7 sq.metres and

above luxury tax can be recovered from the petitioner. I make it clear

that covered verandahs form part of plinth area and should be included

in the plinth area of the building.

W.P. is disposed of as above.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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