IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 27853 of 2008(N) -------------------------- PETITIONER(S): --------------- ALAMMA JOHN, W/O.JOHN KALLAT, MANAGING PARTNER, GEETHA BAR, PUTHIYATHERU, CHIRAKKAL, KANNUR DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE RDO, THALASSERY. 3. THE TAHSILDAR, KANNUR. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 27853 OF 2008 N ```````````````````````````````````````````````````` Dated this the 29th day of September, 2008 J U D G M E N T Petitioner is the managing partner of a firm conducting a bar hotel. Petitioner has been assessed under the Building Tax Act. Ext.P1 is the copy of the revised order. Ext.P2 is the receipt of the balance tax paid in a sum of Rs.22,345/-. Apparently, on the basis of additional construction is made, the petitioner came to be assessed in a sum of Rs.5,11,200/- and a demand was raised for Rs.3,97,800/-. According to the petitioner, petitioner has preferred an appeal and has remitted Rs.99,450/-. Subsequently, the petitioner was issued notice to pay Rs.3,07,350/- and in order to avert the recovery proceedings, the petitioner has remitted Rs.1 lakh. 2. Learned government pleader, on instructions, submits that the appeal is pending and a site inspection will be conducted by the officer deputed by the authority and that WPC.27853/08 : 2 : the appeal itself can be disposed of. In such circumstances, I feel that the writ petition can be disposed of directing the appeal to be taken up, heard and disposed of within two months from the date of receipt of a copy of this judgment. Accordingly, writ petition is disposed of as follows. There will be a direction to the 2nd respondent to consider and take a decision on Ext.P5 appeal, after a site inspection and measurement is got done, with notice to the petitioner, within two months from the date of receipt of a copy of this judgment. Recovery proceedings will be kept in abeyance till such a decision is taken on the appeal on condition that the petitioner pays Rs.25,000/- within two weeks from today. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE