IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 199 of 2009(W) -------------------------------------------- PETITIONER(S): ---------------------- BENNY P. SKARIAH PARAYIL HOUSE, MYLAPRA VILLAGE, MEKKOZHOOR MURI. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 2. REVENUE DIVISIONAL OFFICER ADOOR. (SUB COLLECTOR, ADOOR) 3. THASILDAR,KOZHENCHERY TALUK OFFICE PATHANAMTHITTA. 4. VILLAGE OFFICER, MYLAPRA, PATHANAMTHITTA. 5. MYLAPRA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY MYLAPRA TOWN P.O., PATHANAMTHITTA. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 199 OF 2009 W -------------------------------------- Dated this the 6th January, 2009 JUDGMENT Ext.P15 is challenged. Ext.P15 is an order passed by the Tahsildar. The building of the petitioner stands assessed to tax under Section 5A of the Kerala Building Tax Act. No doubt, there was an earlier round of litigation as evidenced by Ext.P10 Judgment of this Court. This Court had permitted the petitioner to produce documents. I feel that as against Ext.P15, it is open to the petitioner to prefer an Appeal where he can raise all the contentions. Learned Government Pleader also points out that for maintaining Appeal, petitioner need not pay any amount and it is for the petitioner to seek appropriate orders in regard to the recovery of the amount pending the Appeal. In such circumstances, the Writ Petition is disposed of as follows: Petitioner is relegated to approach the Appellate Forum. In order to enable the petitioner to work out his remedies, further WPC.199/09 W 2 proceedings against the petitioner pursuant to Ext.P15 will be kept in abeyance for a period of two months from today. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge