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V.V.GURUVAYOORAPPAN v. TAHSILDAR, TALUK OFFICE, CHITTUR - WP(C) No. 22509 of 2003(D)  RD-KL 3900 (19 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 22509 of 2003(D)
1. TAHSILDAR, TALUK OFFICE, CHITTUR.
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.ARIKKAT VIJAYAN MENON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E R
KURIAN JOSEPH, J.W.P. (C). NO. 22509 OF 2003
Dated this the 19th day of December, 2006
J U D G M E N T
The challenge is on Ext.P6 order of assessment passed by the 1st respondent under the provisions of Kerala Building Tax Act. Petitioner has mainly two contentions. (i) The additional construction made by the petitioner is to be assessed separately. (ii) The uncovered staircase and passage are liable to be excluded. Reliance is placed on the decisions of this Court in Abdul Rasheed v. Tahsildar [2005 (2) KLT 819] and Subhashchandrababu v. State of Kerala [2006 (2) KLT 189]. As far as the first issue is concerned, the same is covered by the first decision and as far as the 2nd issue is concerned, it requires factual verification in the light of the judgment. I quash Ext.P6. There will be a direction to the 2nd respondent to consider the grievances of the petitioner, with notice to the petitioner, and pass appropriate orders thereon in accordance with law in the light of this judgment and the judgments referred to above, within a period of four months form the date of receipt of a copy of this judgment. The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGEvps
KURIAN JOSEPH, JUDGEOP NO.
19th DECEMBER, 2006
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