IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 18232 of 2010(D) --------------------------------------- PETITIONER: ------------------- PODIKUNJU MUSALIYAR MEMORIAL CHARITABLE AND EDUCATIONAL TRUST,CHANDANATHOPPU,KOLLAM. BY ADVS. SRI.P.SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,LABOUR AND REHABILITATION DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM. 2. THE DISTRICT LABOUR OFFICER(GENERAL), COLLECTORATE KOLLAM. 3. THE DISTRICT LABOUR OFFICER, (ASSESSMENT OFFICER),ENGINEER,COLLECTORATE, KOLLAM. R1 TO R3 BY SR. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:18232 OF 2010 D ----------------------------------------------------------- Dated this the 11th June, 2010. JUDGMENT The petitioner is a charitable and educational trust. The petitioner is in the process of establishing a medical college at Kollam. For the purpose the petitioner constructed five separate buildings that are separately numbered for the purpose of housing the college academic block, hospital block, canteen, ladies hostel and the gents hostel. The third respondent assessed the petitioner for the imposition of building and construction workers welfare cess, without hearing the petitioner. The petitioner also paid an amount of Rs.1 lakh towards the amount assessed. The petitioner is aggrieved by the orders of assessment passed. According to the petitioner, the cost of construction has been arbitrarily fixed by the authority without taking into account the actual amount incurred by the petitioner. Therefore, the petitioner has submitted Exts.P6, P6 (a), P6(b), P6(c) and P6(d) representations. The said representations are submitted to the third respondent. The petitioner prays for the issue of a direction to consider and dispose of the said representations on an early date. The learned senior Govt. Pleader has no objection to such a direction being issued. WPC 18232/2010 2 2. In the above circumstances this writ petition is disposed of directing the third respondent to consider the representations of the petitioner evidenced herein by Exts.P6, P6(a) and P6(b) in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, provided the said representations have been received and are pending. K. SURENDRA MOHAN Judge jj WPC 18232/2010 3