Pavan Kumar vs The Revenue Divisional Officer on 5 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25658 of 2009(B)


1. PAVAN KUMAR, S/O.LATE PRABHAKARA PAI,
                      ...  Petitioner

                        Vs



1. THE REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

2. THE TAHSILDAR, KANAYANNUR TALUK,

                For Petitioner  :SRI.V.SANTHARAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :05/10/2009

 O R D E R
                   C.K. ABDUL REHIM, J
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                  W.P.(C)No. 25658 of 2009
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           Dated this the 5th day of October, 2009

                         J U D G M E N T

1. The Writ Petition is filed seeking direction to the

1st respondent to pass appropriate orders on Ext.P5 appeal

filed under the provisions of the Kerala Building Tax Act,

1975. According to the petitioner he was assessed with

building tax under Exts.P1 to P3 proceedings, with respect

to 12 flats contained in an apartment complex, to which he

is the owner. Challenging the assessment, the petitioner

had filed Ext.P5 before the 1st respondent. According to the

petitioner the appellate authority had conducted hearing on

the appeal on 27.06.2008. But no orders have been issued

on the appeal so far. It is further submitted that the appeal

was filed after remitting < of the tax assessed. But the

appellate authority had not stayed the collection of the

balance amount.

2. The learned Government Pleader appearing for

the respondents on instructions submitted that the

W.P.(C)No. 25658 of 2009
-2-

appellate authority had already granted stay with respect

to the realisation of the balance amount. It is further

submitted that the appellate authority is yet to pass orders

on the appeal and the appeal will be disposed of within no

time.

3. Recording the submissions made by the learned

Government Pleader, I am of the opinion that no

interference is called for at this stage. However it is

noticed that the hearing of the appeal was over early as on

27.06.2008. If there is any change in the incumbent in the

office of the appellate authority, it is necessary to afford an

opportunity of further hearing to the petitioner. However

the 1st respondent is directed to consider and dispose of the

appeal at the earliest, at any rate within one month from the

date of receipt of a copy of this judgment.

C.K. ABDUL REHIM
JUDGE
shg/