High Court Kerala High Court

E.N.Venugopal vs The State Of Kerala on 5 December, 2007

Kerala High Court
E.N.Venugopal vs The State Of Kerala on 5 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34907 of 2007(E)


1. E.N.VENUGOPAL, INDIRA NIVAS (KAVITHA)
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DISTRICT COLLECTOR, CIVIL STATION,

3. THE TAHSILDAR, TALUK OFFICE,

4. THE VILLAGE OFFICER, THURAVOOR SOUTH,

                For Petitioner  :SRI.C.S.ULLAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/12/2007

 O R D E R
                             ANTONY DOMINIC, J.

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                           W.P.(C) 34907 OF 2007

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                           Dated: December 5, 2007

                                    JUDGMENT

Petitioner submits that the building, the construction of which was

completed in 1987, was assessed to building tax. It is submitted that at

that time, in pursuance to Ext.P1 notice, Ext.P2 return was submitted and

the assessment order is Ext.P3.

2. Subsequently following certain additions that were made to the

building, he has been again assessed and demands are made as per

Exts.P6 to P8. The case of the petitioner is that before Exts.P6 to P8 were

issued, he was not given any notice nor was he afforded an opportunity of

hearing as contemplated under the Act.

3. This submission of the petitioner stands unchallenged. In view of

this, quashing Exts.P6 to P8, I dispose of the writ petition with a direction

that the 3rd respondent shall complete the assessment with notice to the

petitioner and after hearing him.

ANTONY DOMINIC, JUDGE

mt/-