IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 OP.No. 29360 of 2002(T) ----------------------- PETITIONER: ------------ P.P.KOYA, MANAGING PARTNER, KOYENCO BAZAAR, KOYENCO HOUSE, WEST HILL, CALICUT 673 005 BY ADV. SMT.K.V.RESHMI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM 2. THE TAHASILDAR, NAGARAM VILLAGE, KOZHIKODE. BY GOVERNMENT PLEADER SRI. K.P. PRADEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 49810 OF 2002 IN OP 29360 OF 2002 DISMISSED 14.3.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A SPECIMEN COPY OF THE AGREEMENT FOR CONSTRUCTION ENTERED INTO BY M/S. CHATURA CONSTRUCTIONS AND A PURCHASER. EXT.P2 A SPECIMEN COPY OF THE SALE DEED EXECUTED IN FAVOUR OF A PURCHASER. EXT.P3 TRUE COPY OF NOTICE DATED 29.1.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE OBJECTION DATED 1.3.2001 FILED BY THE PETITIONER. EXT.P5 TRUE COPY OF THE ASSESSMENT ORDER DATED 11.7.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE RECTIFICATION PETITION DATED 26.8.2002 FILED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 29360 OF 2002 -------------------------------------------- Dated this the 14th day of March, 2008 JUDGMENT Even though petitioner denied ownership of the building assessed for building tax, records produced by the Government Pleader show that the petitioner filed return admitting the ownership of the building and assessment itself is completed based on the return filed by the petitioner. In the circumstances, O.P. is dismissed as devoid of any merits. (C.N. RAMACHANDRAN NAIR) Judge kk 2