IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 7554 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------ 1. JOSEPH THOMAS, AGED 56 YEARS, S/O.VARGHESE THOMAS, CHETTAMPARAMBIL HOUSE, MANJUMMEL P.O., ELOOR SOUTH, KOCHI-683 501. 2. RUBY JOSEPH, AGED 50 YEARS, W/O.JOSEPH THOMAS, CHETTAMPARAMBIL HOUSE, MANJUMMEL P.O., ELOOR SOUTH, KOCHI-683 501. BY ADV. SRI.P.SAM ZACHARIAH SRI.K.S.SAJEEV KUMAR RESPONDENT(S): --------------------------- 1. THE CORPORATION OF KOCHIN, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOCHI-682 011. 2. THE ASSISTANT EXECUTIVE ENGINEER CORPORATION OF KOCHI, ZONAL OFFICE, EDAPALLY.PIN- 682 024 3. THE TAHSILDAR, KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE, ERNAKULAM.PIN- 682 011 4. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI.PIN- 682 001 5. THE STATE OF KERALA, REPRESENTED BY ITS SECRTARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 6. SHRI.SAM MATHEW, MAMMOOTTIL HOUSE, 32/1386 D, PALARIVATTOM P.O., PIPELINE ROAD, KOCHI-682 025. 7. SMT.LIZY SAM MATHEW, MAMMOOTTIL HOUSE, 32/1386 D, PALARIVATTOM P.O., PIPELINE ROAD, KOCHI-682 025. R1 & R2 BY ADV. SRI.MILLU DANDAPANI SRI.P.K. SOYUZ, SC R3 TO R5 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.7554 of 2011 ------------------------------------------- Dated this the 5th day of April, 2011 J U D G M E N T ---------------------- This writ petition is filed seeking a direction to the 4th respondent for consideration and disposal of Ext.P7 appeal filed under Section 11 of the Kerala Building Tax Act, 1975. It is submitted by the learned Government Pleader that the 4th respondent had already disposed of the appeal as per order dt.4.5.2010 (vide Ref. No:G-2270/10/K.Dis). 2. According to the petitioner, the 4th respondent has not issued any copy of the above said order to the petitioner and the petitioner was prevented from raising effective challenge against such order. Hence the petitioner seeks direction to the 4th respondent to furnish a copy of the order to the petitioner and further to keep in abeyance recovery of the balance amount for a reasonable period in order to facilitate the petitioner to challenge such order. 3. Heard; Government Pleader as well as standing counsel appearing for respondents 1 and 2. Considering the facts, I am of the view that interest of justice will be served if the petitioner is permitted to challenge the order issued by the 4th respondent appellate authority before appropriate forum. W.P.(C).7554/11 -2- 4. Therefore the 4th respondent is directed to serve a copy of the proceedings, through which appeal was disposed of, to the petitioner at the earliest possible, at any rate, within a period of one week from the date of receipt of a copy of this Judgment. The petitioner will be at liberty to challenge such order through appropriate statutory proceedings before the competent authority. It will be also left open to the petitioner to seek appropriate interim relief if any such statutory proceedings is initiated. 5. In order to facilitate the petitioner to challenge the order issued by the 4th respondent, recovery of the balance amount of tax shall be kept in abeyance for a period of two months from today. C.K.ABDUL REHIM, JUDGE. okb