IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 35907 of 2007(Y) -------------------------- PETITIONER(S): --------------------- KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, PULINGOME-PALAVAYAL UNIT, THROUGH ITS PRESIDENT M.K.BALACHANDRAN, S/O.KRISHNAN NAMBIAR, PULINGOME, TALIPARAMBA TALUK, P.O.CHUNDA, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.M.M.ANTO RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. BUILDING TAX ASSESSING AUTHORITY, (TAHSILDAR), TALIPARAMBA TALUK, TALIPARAMBA. 3. KERALA VYAPARI-VYAVASAYI EKOPANA SAMITHI, WELFARE SOCIETY, PULINGOME, CHUNDA P.O., KANNUR DISTRICT, REP. BY ITS PRESIDENT DEVASSIA NARIMATTATHIL. ADDL. R4 IS IMPLEADED. 4. THE REVENUE DIVISIONAL OFFICER, THALASSERRY. ADDL. R4 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 27.1.2009 IN W.P.C. 35907/2007. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN FOR R1,2 ADV SRI.V.V.NANDAGOPAL NAMBIAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 35907/2007. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE ASSESSMENT ORDER NO.D3-4110/2000 ISSUED BY THE 2ND RESPONDENT. EXT. P2 : TRUE COPY OF THE ASSESSMENT ORDER OF THE BUILDING TAX ADDRESSED TO THE VILLAGE OFFICER, PULINGOME. EXT. P3 : TRUE COPY OF THE REGISTERED LEASE DEED NO.725/2003 DATED 17.5.2003. EXT. P4 : TRUE COPY OF THE ASSESSMENT ORDER DATED 16.10.2007 ISSUED BY THE 2ND RESPONDENT. EXT. P4(a) : TRUE COPY OF THE DEMAND NOTICE DATED 16.10.2007 ISSUED BY THE 2ND RESPONDENT T THE PETITIONER. EXT. P5 : TRUE COPY OF THE LAWTER NOTICE DATED 10.11.2007 SENT BY THE PETITIONER'S COUNSEL TO THE 2ND RESPONDENT. EXT. P6 : TRUE COPY OF THE APPEAL DATED 4.1.2008 FILED BY THE PETITIONER BEFRE THE R.D.O., THALASSERRY. RESPONDENT'S EXTS: EXT. R2 (a) : A TRUE COPY OF THE REPORT DT. 30.7.2007. EXT. R2(b) : A TRUE COPY OF THE SKETCH. EXT. 2(c) : A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER.. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 35907 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2009 JUDGMENT According to the petitioner, petitioner has preferred appeal as Ext.P6. Learned Government Pleader would submit that no appeal is received. 2. The Revenue Divisional Officer, Thalasserry is suo motu impleaded as the additional fourth respondent. Government Pleader appears for the additional fourth respondent. The writ petition is disposed of as follows: There will be a direction to the fourth respondent to take up Ext.P6 provided it has been filed, and a decision will be taken thereon in accordance with law with notice to the petitioner. If the fourth respondent finds that no such appeal is filed, he may issue notice to the petitioner and it is open to the petitioner to produce evidence to show that it has been filed and a decision will be taken in the appeal in accordance with law with opportunity of hearing to the petitioner, provided it is otherwise maintainable, within two months from the date of receipt of a copy of this judgment. (K.M. JOSEPH, JUDGE) sb