Kerala High Court
Federal House Construction ... vs State Of Kerala on 30 June, 2011
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933
WP(C).No. 3131 of 2012 (N)
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PETITIONER(S):
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FEDERAL HOUSE CONSTRUCTION CO-OP.SOCIETY LTD
E-962, ALUVA, ERNAKULAM DISTRICT
REPRESENTED BY ITS SECRETARY, GEORGE P.MATHAI.
BY ADV. SRI.T.A.JOY
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY, (MINISTRY OF REVENUE)
SECRETARIAT, TRIVANDRUM, 695 001
2. CORPORATION OF KOCHI
ERNAKULAM, REPRESENTED BY ITS SECRETARY, 682 016.
3. THE SECRETARY
CORPORATION OF KOCHI, ERNAKULAM, 682 016.
R1 BY GOVERNMENT PLEADER SRI. MUHAMMED SHAFI M.
R2 & R3 BY SRI. RAAJESH S.SUBRAHMANIAN,SC,COCHIN CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 3131 of 2012 (N)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXHIBIT P1: PHOTOCOPY OF THE REPRESENTATION DATED 30-06-2011
BEFORE THE 2ND RESPONDENT.
EXHIBIT P2: PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD SIGNED ON 19-07-
2011 BY THE 2ND RESPONDENT.
EXHIBIT P3: PHOTOCOPY OF THE OBJECTIONS SUBMITTED BEFORE THE 2ND
RESPONDENT DATED 30-03-2011.
EXHIBIT P4: PHOTOCOPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT DATED 01-04-2011.
IN I.A. NO. 2442/2012 :-
ADDL. EXT. P5: PHOTOSTAT COPY OF THE APPEAL DATED 07.02.2012
ADDL. EXT. P6: PHOTOSTAT COPY OF THE RECEIPT DATED 06.02.2012
RESPONDENTS' EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
C.K. ABDUL REHIM, J.
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WP(C). No. 3131 of 2012
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Dated this the 16th day of February, 2012
JUDGMENT
Exhibits P1 & P3 representations were submitted by the petitioner before the 3rd respondent seeking reassessment of the Building Tax proposed for assessment, and also praying for reassessment of the building separately with respect to each flat owners against the respective occupants/owners. Since this representations were not considered, this writ petition is filed.
2. The petitioner had produced Exhibit P5 additional document, which is an appeal filed before the council of the Corporation challenging the demand. It is also stated that such an appeal was filed after remitting the tax under demand, as evidenced from Exhibit P6. In view of filing of the appeal the petitioner is now seeking only a direction for consideration and disposal of Exhibit P5 appeal on an early basis.
2. Heard; standing counsel appearing for respondents WP(C). No. 3131 of 2012 2 2 and 3. In view of the limited reliefs sought for, the writ petition is disposed of directing the respondents 2 and 3 to consider and to pass appropriate orders on Exhibit P5 appeal, if the same is in order and is maintainable under law, after affording an opportunity of personal hearing to the petitioner, at the earliest possible.
3. Needless to say that the petitioner will be at liberty to seek appropriate interim relief from the appellate authority concerned with respect to the recovery of tax for any further periods.
Sd/-
C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn