M.C.Sunny vs Tahsildar on 7 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1843 of 2008(T)


1. M.C.SUNNY,
                      ...  Petitioner

                        Vs



1. TAHSILDAR,
                       ...       Respondent

                For Petitioner  :SRI.S.ANANTHAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/02/2008

 O R D E R
                       ANTONY DOMINIC, J.
                   -------------------------------------------
                      W.P.(C).No.1843 of 2008
                   -------------------------------------------
             Dated this the 7th day of February, 2008


                               JUDGMENT

The challenge in this writ petition is against Ext.P6. Ext.P6

is an order of assessment passed by the respondent in exercise

of his powers under the Kerala Building Tax Act. The only

contention that is raised in this writ petition to justify by passing

of statutory remedy is that the respondent has not adverted to

the provisions in section 5(6) of the Act. It may be true that the

petitioner is justified in that submission. But the fact remains

that the statutory remedy is equally effective.

2. On going through the entire matter, I do not find any

justification for the petitioner not to avail of the statutory

remedy. In view of this, without prejudice to the contentions and

leaving it open to the petitioner to pursue the statutory remedy

by filing an appeal, I close this writ petition. If the petitioner

files an appeal within three weeks from today, the appellate

authority will entertain the appeal and consider the same on

merits.

ANTONY DOMINIC, JUDGE
csl