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.
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W.P.(C) No. 5537 of 2009-J
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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