High Court of Kerala
Case Law Search
A.W.H.ENGINEERING COLLEGE v. UNION OF INDIA, REP. BY SECRETARY - WP(C) No. 26653 of 2003(W)  RD-KL 3291 (13 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 26653 of 2003(W)
1. A.W.H.ENGINEERING COLLEGE,
1. UNION OF INDIA, REP. BY SECRETARY,
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
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, JO.P.No. of 2002
J U D G M E N T
Dated 13th December, 2006.
Double Click on any word for its dictionary meaning or to get reference material on it.