IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 7056 of 2002(M) ---------------------------------- PETITIONER: --------------------- MR.RAJU P.DAVIS, PARAPPILLY HOUSE, EAST FORT, THRISSUR. BY ADV. SRI.JOMMY THARIAN RESPONDENTS: ------------------------ 1. THE TAHSILDAR, TALUK OFFICE, THRISSUR. 2. THE VILLAGE OFFICER, PERINGAVU VILLAGE, THRISSUR. BY GOVERNMENT PLEADER SRI.PRADEEP K.P. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.12456/2002 IN O.P.NO.7056/2002 M DISMISSED 22/02/2008 SD/- C.N.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT DTD. 13/08/1999 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE RECEIPT DTD. 30/03/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE JUDGMENT IN O.P.14737/2000 DTD. 17/10/2000. EXT.P4: COPY OF THE NOTICE SENT BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE Kss C.N.RAMACHANDRAN NAIR, J. --------------------------- O.P.No.7056 OF 2002 -------------------------- Dated this the 22nd day of February, 2008 J U D G M E N T ~~~~~~~~~~~ Prayer in the original petition is for direction to the Tahsildar to grant refund of the excess building tax paid by the petitioner with interest. Government pleader submitted that no interest is payable because there is no provision in the statute authorising interest on refund. The original petition is therefore disposed of directing the Tahsildar to verify the payments made by the petitioner and enquire whether the tax paid have been recovered by the petitioner from the owners of flats and to grand refund to the eligible person who has ultimately borne the liability. The original petition is disposed of directing the Tahsildar to grant refund to the eligible person within four months from the date of production of a copy of this judgment by the petitioner. (C.N.RAMACHANDRAN NAIR, JUDGE) ps 2 C.N.RAMACHANDRAN NAIR, J. O.P.No.7056/2002 JUDGMENT 22.2.2008