IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 33466 of 2005(H) -------------------------- PETITIONER: ------------ C.V.JOSEPH, CHILAMBANKUNNEL, EDAMATTOM, P.O.POOVARANI VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.B.PREMOD RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT BUILDING CESS ASSESSMENT OFFICER, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (RR), PALA. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE ABSTRACT ESTIMATE OF THE PETITIONER'S BUILDING PREPARED BY CONTRACTOR. EXT.P2 PHOTOCOPY OF THE DETAILED ESTIMATE OF THE PETITIONER'S BUILDING. EXT.P3 PHOTOCOPY OF THE ASSESSMENT/DEMAND NOTICE DATED 23.7.2003 ISSUED TO THE PETITIONER. EXT.P4 PHOTOCOPY OF THE REPLY NOTICE DATED 7.8.2003 EXT.P5 PHOTOCOPY OF THE ASSESSMENT ORDER NO.A.6.1653/03 DATED 3.5.2005 OF THE FIRST RESPONDENT. EXT.P6 PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR MEENACHIL TALUK OFFICE DATED 26.9.1995 EXT.P7 PHOTOCOPY OF THE RECEIPT ISSUED BY THE SECRETARY, MEENACHIL PANCHAYAT DATED 4.2.2003 EXT.P8 PHOTOCOPY OF THE ORDER OF ASSESSMENT UNDER KERALA. BUILDING TAX ACT, 1975 EXT.P9 PHOTOCOPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER BY 2ND RESPONDENT DATED 23.8.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33466 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT W.P. was filed challenging demand of construction workers welfare fund of Rs. 14,650/-. When the W.P. was admitted, this Court directed fresh adjudication under which liability is reduced to Rs. 10188/-. Petitioner has right of appeal against fresh adjudication order, if there is any surviving grievance. W.P. is accordingly closed leaving freedom to the petitioner to challenge fresh adjudication order passed pursuant to interim orders of this Court before the statutory authorities. (C.N. RAMACHANDRAN NAIR) Judge kk 2