IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38760 of 2010(T)
1. BALAN P.NAIR, PROPRIETOR, KVR CARS,
... Petitioner
Vs
1. THE TAHSILDAR, HOSDURG,
... Respondent
2. REVENUE DIVISIONAL OFFICER,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :31/12/2010
O R D E R
K.SURENDRAMOHAN, J.
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WP (C) No. 38760 of 2010
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Dated this the 31st day of December, 2010
J U D G M E N T
The petitioner is the owner of a building which is
assessed to building tax under the Kerala Building Tax
Act, 1978. According to the petitioner the tax assessed is
exorbitant. He is also entitled to exemption in respect of
substantial portions of the building. Therefore the
petitioner has challenged Ext.P2 assessment order before
the appellate authority under the Act. The said appeal,
Ext.P3, is submitted before the 2nd respondent. Along
with Ext.P3, the petitioner has also submitted Exts.P4 and
P5 applications for stay of recovery of the tax that has
been assessed.
2. According to the petitioner he has paid the first
instalment of the tax assessed. Therefore, he is entitled to
a stay of recovery of the balance amount of tax, pending
final disposal of Ext.P3 appeal. Though Exts.P4 and P5
stay petitions have been filed he complains that no orders
WP (C) No. 38760 of 2010 2
have been passed thereon till date. In the meantime he
apprehends that the tax assessed would be recovered
from him by initiating coercive action. Therefore he has
filed this writ petition, seeking necessary reliefs.
3. Since Exts. P4 and P5 applications for stay are
pending before the 2nd respondent, I do not think it
necessary to consider the contentions of the petitioner on
the merits. It is sufficient that Exts. P4 and P5 are
directed to be disposed of expeditiously.
4. In the above circumstances, this writ petition is
disposed of directing the 2nd respondent to consider Exts.
P4 and P5 applications for stay and to pass appropriate
orders thereon in accordance with law, as expeditiously
as possible, at any rate within a period of one month from
the date of receipt of a copy of this judgement.
K.SURENDRAMOHAN,
JUDGE.
rkc