High Court Kerala High Court

M/S.Surya Towers vs District Collector on 24 February, 2009

Kerala High Court
M/S.Surya Towers vs District Collector on 24 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5537 of 2009(J)


1. M/S.SURYA TOWERS, ANGAMALY
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, ERNAKULAM.
                       ...       Respondent

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :24/02/2009

 O R D E R
                        K.M.JOSEPH, J.
      ------------------------------------------------------
               W.P.(C) No. 5537 of 2009-J
         ----------------------------------------------
       Dated, this the 24th day of February, 2009

                       J U D G M E N T

The matter is taken up by consent for final

hearing. Petitioner challenges Ext.P3. Ext.P3 is an order

passed by the District Collector, Ernakulam under Section

13 of the Kerala Building Tax Act rejecting the revision

petition filed by the petitioner exparte. It is stated that

during adjourned date both the revision petitioner and

the counsel were seen absent. It is stated that when the

matter was posted for hearing on 17.12.2008 the counsel

for the petitioner was absent and the matter was

adjourned to 21.1.2009. It is stated that on 17.12.2008

petitioner was personally present, but the counsel

conducting the case was not present as he was out of

station. The case was adjourned to 21.1.2009 as

requested by the petitioner. It is the case of the

petitioner that the said posting date was intimated to the

WPC No.5537/2009 -2-

counsel. But, due to an inadvertent mistake it was

wrongly noted as 21.2.2009 and that is how the absence

is explained.

2. I feel that an opportunity is to be granted

to the petitioner and the matter decided on merits after

affording an opportunity to the petitioner to make his

submissions. Accordingly, Ext.P3 is quashed. Petitioner

or his representative will be present before the District

Collector, Ernakulam on 5.3.2009 at 11 A.M. The

respondent will proceed to hear either the petitioner or

his counsel and take a decision in the matter in

accordance with law.

The writ petition is disposed of as above.

(K.M.JOSEPH)
JUDGE.

MS