IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4345 of 2008(P) ------------------------- PETITIONER: ------------ ABDUL RAHMAN B.A SANA TOWERS, DEVAGIRI, MEDICAL COLLEGE P.O., KOZHIKODE. BY ADV. SRI.S.VIDYASAGAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE . 2. THE SECRETARY, CORPORATION OF KOZHIKODE KOZHIKODE. 3. THE TAHSILDAR, KOZHIKODE TALUK,. KOZHIKODE. R1 & 3 BY GOVERNMENT PLEADER SRI C.K.GOVINDAN R2 BY SC SRI P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 4345 of 2008 ------------------------------------- Dated: February 6, 2008 JUDGMENT Petitioner has been assessed to building tax and the tax liability as such is not disputed by him. Even according to him, the balance amount outstanding is Rs.7,01,197/- and the petitioner submits that he is willing to make payment of that amount as well. However, he complains that 18% interest has been levied by the 3rd respondent violating the provisions contained in the Building Tax Act and highlighting this, the petitioner has submitted Ext.P5 representation to the 1st respondent and that is pending. On this basis the petitioner seeks a direction to the 1st respondent to consider Ext.P5 and pass appropriate orders thereon on the interest that is levied. 2. Having regard to the aforesaid circumstance, I dispose of this writ petition with the following directions:- i) Within three weeks from today the petitioner shall remit the admitted balance amount of Rs.7,01,197/- before the 3rd WP(C) 4345/08 Page numbers respondent. ii) On such remittance and on being informed of the same, within three weeks thereafter, the 1st respondent shall take up and consider Ext.P5 and pass appropriate orders thereon with notice to the petitioner. iii) On remittance of the amount as above, further proceedings for recovery of interest that is levied under Ext.P2 will stand deferred until orders are passed by the 1st respondent on Ext.P5 representation. ANTONY DOMINIC, JUDGE Issue copy today itself. mt/-