IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3004 of 2009(G) ------------------------------------------ PETITIONER(S): --------------------- M/S.PIONEER INFRASTRUCTURES (PVT)LTD, SWAPNIL ENCLAVE, ERNAKULAM, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.J.JULIAN XAVIER RESPONDENT(S): ------------------------- 1. REVENUE DIVISIONAL OFFICER, FORT KOCHI. 2. TAHSILDAR,KANAYANOOR TALUK, ERNAKULAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3004 OF 2009 G -------------------------------------- Dated this the 3rd February, 2009 JUDGMENT Petitioner has been assessed under the Kerala Building Tax Act. Petitioner has already preferred an Appeal. I heard the learned counsel for the petitioner and the learned Government Pleader. Of course, the petitioner's case is that it is eligible for assessment as separate unit for each apartment being owned by different owners as they contributed to the construction. Learned Government Pleader points out that the petitioner has an appellate remedy and what is more, it has already deposited the necessary tax. All that the petitioner has to do is to produce the original or attested copies of the assessment orders, demand notices and chalan receipts. In the light of this, I need not entertain this Writ Petition and I relegate the petitioner to the pursuit of the appellate remedy. I leave open all the contentions. It is for the petitioner to bring to the notice of the Appellate Authority the legal position that notice should be issued to all WPC.3004/09 G 2 the flat owners. The Appeal will be disposed of as early as possible. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge