IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35982 of 2007(H)
1. K.T.NICHOLAS, AGED 56 YEARS,
... Petitioner
Vs
1. THE CORPORATION OF THIRUVANANTHAPURAM,
... Respondent
2. THE TAXATION APPEALS STANDING COMMITTEE
For Petitioner :SRI.JOHN JOSEPH VETTIKAD
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) 35982 OF 2007
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Dated: December 5, 2007
JUDGMENT
The matter arises under the Kerala Building Tax Act. Ext.P1 is an order
of the Tribunal for Local Self-Government Institutions setting aside the decision
of the 2nd respondent and directing it to pass a reasoned order on the petitioner’s
appeal. It is stated that again, the consequential order that was passed, was
challenged before the said Tribunal and the appeal was disposed of by Ext.P2.
In Ext.P2 the 2nd respondent was again directed to take a fresh decision in
compliance with Ext.P1. In the said order the petitioner was also given an
opportunity to adduce evidence regarding the rent prevailing in the area and the
annual value of similar and similarly situated buildings.
2. The petitioner submits that in pursuance to the said orders, he was
heard on 16.3.2007 and he had produced Exts.P4 to P6. It is submitted that no
orders were passed and, as a result of which, the petitioner submitted Ext.P7
reminder to the 2nd respondent. Presently what is complained of is that despite
all that has happened after Ext.P2, no final orders have been passed till date.
3. Taking into account the above submissions, I do not find any reason
for the 2nd respondent to have delayed the process so much.
4. In view of this, this writ petition is disposed of directing that the 2nd
respondent shall pass final orders in the matter pursuant to Ext.P2 order of the
Tribunal and taking into account the documents that have been produced by the
WP(C) 35982/2007 Page numbers
petitioner as Exts.P4 to P6. This the 2nd respondent shall do within six weeks of
date of production of a copy of this judgment.
ANTONY DOMINIC, JUDGE
mt/-
