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M/S.AISWARYA BUILDERS AND DEVELOPERS versus STATE OF KERLA REP.BY THE

High Court of Kerala

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M/S.AISWARYA BUILDERS AND DEVELOPERS v. STATE OF KERLA REP.BY THE - WA No. 1964 of 2007 [2007] RD-KL 16303 (22 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1964 of 2007()

1. M/S.AISWARYA BUILDERS AND DEVELOPERS
... Petitioner

2. MR.V.S.KRISHNA MOORTHY, MANAGING PARTNER

3. MRS.GIRIJA KRISHNA MOORTHY,

Vs

1. STATE OF KERLA REP.BY THE
... Respondent

2. THE TAHSILDAR (ASSESSING AUTHORITY)

For Petitioner :SRI.P.K.RAVINDRAN PUZHANKARA

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.S.RADHAKRISHNAN The Hon'ble MR. Justice V.K.MOHANAN

Dated :22/08/2007

O R D E R

K.S.RADHAKRISHNAN & V.K.MOHANAN, JJ.

W.A.No.1964 of 2007

Dated, this the 22nd day of August, 2007



JUDGMENT

Radhakrishnan, J.

Heard learned counsel on either side.

2. Evidently, the impugned order was passed based upon the circular issued by the Government that unregistered agreement entered into between builders and allottees of flats should be ignored. A learned Single Judge of this Court in Bavasons Constructions (P) Ltd. v. State of Kerala (2007 (3) KLT 101) has taken the view that a quasi judicial authority shall not be guided by instructions issued by superior officers or Government and shall independently consider the same in the light of the provisions contained in the Building Tax Act.

3. In the circumstances, we are inclined to set aside Ext.P24 and direct the Tahsildar to reconsider the matter in the light of the aforesaid judgment after affording an opportunity of hearing to the appellants and others. Writ appeal is disposed of as above.

K.S.RADHAKRISHNAN, JUDGE

V.K.MOHANAN, JUDGE

vns


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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