IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 22688 of 2008(A) -------------------------- PETITIONER: --------------- SEBASTIAN MATHEW, S/O.MATHEW, AGED 70, PINNAKKATTUNI HOUSE, RAMAPURAM BAZAR.P.O. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: ------------------ 1. THE ASSESSMENT OFFICER BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT O/0 DISTRICT LABOUR OFFICER, KOTTAYAM. 2. THE DISTRICT LABOUR OFFICER,KOTTAYAM (APPELLATE AUTHORITY UNDER THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996) 3. STATE OF KERALA,REP.BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.22688 OF 2008 ---------------------------------------- Dated this the 28th day of July, 2008 JUDGMENT The petitioner filed Ext.P3 appeal before the 2nd respondent under the Building and other Construction Workers Welfare Cess Act. Originally the petitioner filed this writ petition aggrieved by the refusal on the part of the 2nd respondent to adjust amount due as refund to the petitioner towards fees for the appeal. But the petitioner now submits that pursuant to Ext.P4 communication, the petitioner paid that fees also. The petitioner now seeks a direction to the 2nd respondent to consider and dispose of Ext.P3 appeal expeditiously. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard to the petitioner, within a period of W.P.(c)No.22688/08 2 one month from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 2nd respondent for compliance. S. SIRI JAGAN, JUDGE Acd