IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 21484 of 2007(G) -------------------------- PETITIONER: ------------ 1. PATHUMUTHU SUHARA BEEVI, W/O.B.H.MAMMI, REP. BY P.A.HOLDER B.H.MAMMI, RAHATH MANZIL, PUTHIYA ROAD, VENNALA, KOCHI-28. ERNAKULAM DISTRICT. 2. B.M.NZYEEM, S/O.B.H.MAMMI, S/O.B.H.MAMMI, REP. BY P.A.HOLDER, B.H.MAMMI, RAHATH MANZIL, PUTHIYA ROAD, VENNALA, KOCHI-28. ERNAKULAM DISTRICT. 3. NOORJAHAN, D/O.B.H.MAMMI, REP. BY P.A.HOLDER, B.H.MAMMI, RAHATH MANZIL, PUTHIYA ROAD, VENNALA, KOCHI-28. ERNAKULAM DISTRICT. 4. AMEENA BEGUM, REPRESENTED BY P.A.HOLDER B.H.MAMMI, RAHATH MANZIL, PUTHIYA ROAD, VENNALA, KOCHI-28. ERNAKULAM DISTRICT. BY ADV. SRI.S.ABDUL SALAM RESPONDENTS: ------------- 1. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, ERNAKULAM. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R.1TOR3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ORDER OF ASSESSMENT DT 20.7.06. P2 COPY OF NOTICE OF DEMAND DT 20.7.06. P3 COPY OF APPEAL DT 7.9.06. P4 COPY OF APPEAL DT 7.9.06 BEFORE R2. P5 COPY OF PAYMENT OF RECEIPT ISSUED BY THE TAHSILDAR. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 21484 OF 2007 G ```````````````````````````````````````````````````` Dated this the 30th day of July, 2008 J U D G M E N T Petitioners have already challenged Exts.P1 and P2 orders passed under the Building Tax Act. The petitioners have preferred Exts.P3 and P4 appeals. Learned Government Pleader points out that in fact the appeals were not entertained, now payment of instalment due but the petitioners had paid the instalment subsequently. 2. Learned Government Pleader does not seriously oppose the consideration of the appeals. In the facts and circumstances of the case, writ petition is disposed of directing the 2nd respondent to consider and take a decision on Exts.P3 and P4 in accordance with law, after affording an opportunity for hearing to the petitioners, within six weeks from the date of receipt of a copy of this judgment. Till such decision is taken, recovery proceedings will be kept in abeyance. Sd/- (K.M.JOSEPH, JUDGE) aks