IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 4485 of 2007(H) ------------------------------------- PETITIONER: ------------------- SMT.MRIDULA DINESHAN, AGED 42, W/O.DINESHAN, HOUSE NO.19/228A, VATAKARA, KOZHIKODE DIST. BY ADV. SRI.P.NARAYANAN, AD.V SRI.M.C.RATNAKARAN. RESPONDENTS: ----------------------- 1. THE APPELLATE AUTHORITY, (THE DISTRICT LABOUR OFFICER), THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, KOZHIKODE DISTRICT. 2. THE ASSESSMENT OFFICER, BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, KOZHIKODE DISTRICT. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., LABOUR DEPT., SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4485/2007-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE VATAKARA MUNICIPALITY CERTIFYING THAT THE HOUSE NUMBER:19/228A AND OWNED BY THE PETITIONER SMT. MRIDULA DINESHAN AND CONSTRUCTION OF WHICH WAS COMPLETED ON 13/08/1997. EXT.P.2: COPY OF THE BUILDING TAX ASSESSED AS PER THE ABOVE PROCEEDINGS WAS RS.9,000/- AND THE SAME HAS BEEN PAID BY THE VILLAGE OFFICER, VATAKARA. EXT.P.3: COPY OF THE LETTER NO. APRA2 3/2000 DTD. 15/12/2000 ISSUED BY THE SECRETARY, VATAKARA MUNICIPALITY INFORMING THE PETITIONER THAT THE BUILDING TAX HAS BEEN ASSESSED AT RS.435/- IN RESPECT OF RESIDENTIAL HOUSE BEARING NO. 19/228A. EXT.P.4: COPY OF THE ORDER OF ASSESSMENT NO.C2-VDK 473/2000 DTD. 10/10/06 ISSUED BY THE R.2. EXT.P.5: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER. EXT.P.6: COPY OF THE LETTER SEND BY THE R.1. IN THIS REGARD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 4485 of 2007 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT In the matter of appeal under the Kerala Building and Other Construction Workers' Welfare Cess Act, there is already an interim order dated 9-2-2007 for entertaining the appeal. Therefore, it has become unnecessary to go into the question of law raised in the writ petition. The writ petition is disposed of in terms of the interim order with a further direction that in case the appeal has not been disposed of the same will be disposed of within a period of three months from the date of production of a copy of the judgment. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.4485 of 2007 ----------------------------------- JUDGMENT 27th June, 2008