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A.W.H.ENGINEERING COLLEGE versus UNION OF INDIA, REP. BY SECRETARY

High Court of Kerala

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A.W.H.ENGINEERING COLLEGE v. UNION OF INDIA, REP. BY SECRETARY - WP(C) No. 26653 of 2003(W) [2006] RD-KL 3291 (13 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26653 of 2003(W)

1. A.W.H.ENGINEERING COLLEGE,
... Petitioner

Vs

1. UNION OF INDIA, REP. BY SECRETARY,
... Respondent

2. STATE OF KERALA, REP; BY CHIEF SECRETARY

3. THE ASSESSMENT OFFICER, AUTHORITY UNDER

4. BUILDING AND OTHER CONSTRUCTION

For Petitioner :SRI.T.G.RAJENDRAN

For Respondent :SRI.V.B.PREMACHANDRAN, ADDL.CGSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :13/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No. 26653 of 2003 Dated 13th December, 2006.

J U D G M E N T

Though there is a challenge on the validity of the charging provisions, it is fairly clear from the pleadings that the main dispute is on the quantum of assessment of cess. That is a matter for the petitioner to pursue in a statutory appeal. Accordingly, the writ petition is disposed of as follows :- In the event of the petitioner filing the appeal within two months from today, the same shall be treated to have been filed in time. Thereafter, the appellate authority will consider the matter on merits with notice to the petitioner and pass appropriate orders thereon in accordance with law, within another four months. Subject to the petitioner filing the appeal within two months from today, there shall be no recovery pursuant to the demand till the disposal of the appeal.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 13th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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