T.A. Abdul Jaleel vs State Of Kerala

[Cites 1, Cited by 1]

Kerala High Court

T.A. Abdul Jaleel vs State Of Kerala

Bench: A.M.Shaffique

       

  

  

 
 
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                  THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

       TUESDAY, THE 10TH DAY OF SEPTEMBER 2013/19TH BHADRA, 1935

                          WP(C).No. 16270 of 2013 (G)
                            ----------------------------

PETITIONER(S):
------------------

         T.A. ABDUL JALEEL
         S/O.ATHAR RAWTHER, AGED 61 YEARS, THIRINJAKODU, AYILOOR.P.O.
         PALAKKAD-678510.

         BY ADV. SRI.JOHN JOSEPH(ROY)

RESPONDENT(S):
--------------------

       1. STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA
         LABOUR DEPARTMENT, SECRETARIAT
         THIRUVANANTHAPURAM-695001.

       2. BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD
         REPRESENTED BY ITS SECRETYARY THALIKADU.P.O.
         THIRUVANANTHAPURAM-695023.

       3. THE ASSESSMENT OFFICER & DISTRICT LABOUR OFFICER
         BUILDING AND OTHER CONSTRUCTIONS WORKERS WELFARE BOARD
         PALAKKADU-678001.

         R2 BY ADV. SRI.ASHIK K.MOHAMED ALI,SC,KB & OCWWB
         R1 BY GOVERNMENT PLEADER SRI.RAMPRASAD

         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-09-
2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16270 of 2013 (G)
----------------------------

                                      APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

EXT.P1 TRUE COPY OF THE APPLICATION FEES FOR THE APPROVAL OF THE PLAN
OF 165.57 M2 REMITTED TO THE AYILOOR GRAMA PANCHAYATH IN 2009.

EXT.P2 TRUE COPY OF THE BUILDING TAX RECEIPT IN RESPECT OF THE HOUSE
OF THE PETITIONER FOR TWO YEARS, REMITTED ON 21-6-2013.

EXT.P3 TRUE COPY OF THE NOTICE DATED 12-12-11

EXT.P4 TRUE COPY OF THE ORDER DATED 14-11-12.

EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 12-12-12.

EXT.P6 TRUE COPY OF THE NOTICE SERVED ON 17-6-13.

EXT.P7 TRUE COPY OF THE REPLY DATED 20-6-13.

RESPONDENT(S)' EXHIBITS
------------------------------

               NIL


                                     //True copy//

                                                            P.A.to Judge

uj.



                     A.M. SHAFFIQUE, J
            ---------------------------------------
                W.P.(C). NO. 16270 of 2013
            ----------------------------------------
           Dated this the 10th day of September, 2013



                            JUDGMENT

Petitioner challenges Exts. P4 and P6. Ext. P4 is an order of assessment passed under the Building and Other Construction Workers Welfare Cess Act, 1996 imposing on the petitioner an amount of Rs. 18,836/- as cess. Ext. P6 is the notice calling upon the petitioner to pay the cess. The main complaint raised by the petitioner is that Ext. P4 order has been passed without notice to the petitioner and without giving an opportunity to make his submission.

2. The learned Government Pleader on instructions submits that already proper opportunity had been granted to the petitioner. But he did not avail of the same.

3. But having regard to the fact that there is no material to suggest that notice had been issued to the W.P.(C). NO. 16270 of 2013 2 petitioner, I am of the view that a reconsideration in the matter is required.

4. In the result, Exts. P4 and Ext. P6 are set aside and the respondent authority is directed to issue fresh notice to the petitioner and make the assessment after hearing the petitioner in accordance with the procedure prescribed.

Writ petition is disposed of as above.

sd/-

A.M. SHAFFIQUE JUDGE DCS

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