IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 25658 of 2009(B) -------------------------- PETITIONER: --------------- PAVAN KUMAR, S/O.LATE PRABHAKARA PAI, AGED 55 YEARS, FLAT 6 B, YASORAM SOUPARNIKA APARTMENTS, T.D.ROAD, ERNAKULAM. BY ADVS. SRI.V.SANTHARAM SRI.ANTO THOMAS RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN, ERNAKULAM. 2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. BY GOVT. PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 25658 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 J U D G M E N T 1. The Writ Petition is filed seeking direction to the 1st respondent to pass appropriate orders on Ext.P5 appeal filed under the provisions of the Kerala Building Tax Act, 1975. According to the petitioner he was assessed with building tax under Exts.P1 to P3 proceedings, with respect to 12 flats contained in an apartment complex, to which he is the owner. Challenging the assessment, the petitioner had filed Ext.P5 before the 1st respondent. According to the petitioner the appellate authority had conducted hearing on the appeal on 27.06.2008. But no orders have been issued on the appeal so far. It is further submitted that the appeal was filed after remitting ¼ of the tax assessed. But the appellate authority had not stayed the collection of the balance amount. 2. The learned Government Pleader appearing for the respondents on instructions submitted that the W.P.(C)No. 25658 of 2009 -2- appellate authority had already granted stay with respect to the realisation of the balance amount. It is further submitted that the appellate authority is yet to pass orders on the appeal and the appeal will be disposed of within no time. 3. Recording the submissions made by the learned Government Pleader, I am of the opinion that no interference is called for at this stage. However it is noticed that the hearing of the appeal was over early as on 27.06.2008. If there is any change in the incumbent in the office of the appellate authority, it is necessary to afford an opportunity of further hearing to the petitioner. However the 1st respondent is directed to consider and dispose of the appeal at the earliest, at any rate within one month from the date of receipt of a copy of this judgment. C.K. ABDUL REHIM JUDGE shg/