IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10913 of 2010(L) -------------------------------------- PETITIONER: ------------------- V.K.HAMSA, AGED 59 YEARS,S/O.KUNJUMON, VALIYAPARAMBIL HOUSE, PO THOZHIYOOR, THRISSUR. BY ADVS. SRI.P.K.SAJEEV, SRI.P.P.HARRIS. RESPONDENTS: ------------------------ 1. THE TAHSILDAR, TALUK OFFICE,THRISSUR. 2. REVENUE DIVISIONAL OFFICER, COLLECTORATE,AYANTHOLE, THRISSUR. R1 & R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 10913 of 2010-L ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T The petitioner is before this Court challenging Ext.P7 order, whereby the second respondent dismissed the statutory appeal preferred by the petitioner, for default. The prayer of the petitioner is to re-store the proceedings back to file and to have them disposed of on merits. 2. Heard the learned Government Pleader as well. 3. The learned counsel for the petitioner submits that the observation made by the appellate authority as to the sequence of events is not correct, in so far as, no hearing was held on 23.12.2009 and the petitioner was told that the date of next hearing will be intimated to him in the due course; which however was not done. The learned counsel further submits that the petitioner has already satisfied the 'first instalment' of the due amount, as stipulated in Ext.P1 issued under the Kerala Building Tax. 4. After hearing both the sides, this Court finds that one more opportunity can be given to the petitioner, more so when no W.P(C) No. 10913 of 2010-L 2 substantial loss or prejudice is likely to be caused to the State/revenue. Accordingly, Ext.P7 the order passed by the second respondent is set aside and the second respondent is directed to hear the appeal, preferred by the petitioner on merits in accordance with law, after giving an opportunity of hearing to the petitioner, which shall be pursued and finalized as expeditiously as possible, at any rate within 'six weeks' from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab