IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20135 of 2007(V) --------------------------------------- PETITIONER: ------------------- C.M.ANEZ BIN UMMER, MUBARAK, 5TH CROSS ROAD, KEERTHI NAGAR, ELAMAKKARA P.O., ERNAKULAM. BY ADV. SRI.C.S.AJITH PRAKASH, SRI.P.A.SALEEM, SRI.RAJAKRISHNAN. K. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, COCHIN. 2. DISTRICT LABOUR OFFICER, CIVIL LANE, KAKKANAD, COCHIN - 682 030. 3. ASST.LABOUR OFFICER.GR.I, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL LANE, KAKKANAD, COCHIN - 682 030. 4. DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, KOCHI-11. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20135/2007-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER DTD. 11/11/2002. EXT.P.2: COPY OF THE AGREEMENT DTD. 07/06/2002 BETWEEN THE PETITIONER AND THE BUILDING CONTRACTOR. EXT.P.3: COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE R.3. TO THE PETITIONER DTD. 26/07/2006. EXT.P.4: COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY NOTICE DTD. 13/06/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.20135 of 2007 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T The prayer is for conducting a fresh enquiry in the matter of imposition of penalty for non-payment of cess under the Kerala Building and Other Construction Workers Welfare Cess Act, 1996. It is seen that the entire amount of cess has been deposited. Therefore, it is only appropriate that the third respondent considers the matter afresh with notice to the petitioner and enters a fresh finding as to whether penalty in such circumstances is necessary. The third respondent is directed to pass fresh orders as above, with notice to the petitioner within three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.20135 of 2007 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.