IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 10465 of 2003(U) ----------------------- PETITIONER: ------------ M.I.ITTYKUNJU, AGED 59, S/O. K.Y.ITTY, KAIPPANATH HOUSE, PUTHUPPALLY, KOTTAYAM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN SRI.PRAVEEN K. JOY SRI.SANTHARAM.P RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPT. OF TAXES, TRIVANDRUM. 2. TAHSILDAR & ASSESSING AUTHORITY UNDER BUILDING TAX ACT, TALUK OFFICE, KOTTAYAM. BY GOVERNMENT PLEADER SRI.K.P.PRADEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.18040/2003 IN OP NO.10465/2003 DISMISSED: 8.2.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF PERMISSION GIVEN BY THE AUTHORITY TO CONSTRUCT RESIDENTIAL BUILDING ON 28.4.1997 WITH PERMIT NO.18/97. P2: TRUE PHOTOCOPY OF ORDER OF ASSESSMENT DT.26.2.2001. P3: TRUE PHOTOCOPY OF ORDER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.10465 of 2003 .................................................................... Dated this the 8th day of February, 2008. JUDGMENT The question raised i.e. challenge against Section 5A of the Kerala Building Tax Act is covered against the petitioner vide judgment in SUDHAKARAN V. STATE OF KERALA (2004(2) KLT 706). The O.P. is therefore dismissed following the said judgment. C.N.RAMACHANDRAN NAIR Judge pms