IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21809 of 2008(U) -------------------------- PETITIONER: ------------ 1. K.V.SREDHARAN,S/O. LATE NARAYANAN ACHARI AGED 57 YEARS, CARPENTER, RESIDING AT KUNHIMANGALAM AMSOM & DESOM KANNUR TALUK PO KUNHIMANGALAM. 2. T.K.V.KUNHIKANNAN S/O. LATE NARAYANAN ACHARI AGED 52 YEARS, TAILOR,RESIDING AT KUNHIMANGALAM AMSOM & DESOM KANNUR TALUK PO KUNHIMANGALAM. 3. K.V.LAKSHMIKUTTY, D/O.LATE NAAYANAN ACHARI, RESIDING AT "SURABHI" NEAR CHELORA GOVERNMENT HIGH SCHOOL VARAM, KANNUR. BY ADV. SRI.MAHESH V RAMAKRISHNAN SRI.V.JOHN MANI RESPONDENTS: ------------- 1. KUNHIMANGALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY PO KUNHIMANGALAM,KANNUR DISTRICT 2. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL ADMINISTRATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.21809/2008 ----------------------------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT In respect of a school building, demand was raised by the Panchayat for building tax from the petitioners, since they are the landlords of the building. Ext.P7 is the order demanding building tax. Aggrieved by Ext.P7, petitioners have filed Ext.P9 appeal before the Standing Committee of the first respondent Panchayat. During the pendency of the appeal, this writ petition has been filed challenging the very demand notice itself. 2. In my view, since the petitioners have already approached the appellate authority and as the appellate authority seized of the issue, the appellate authority should be directed to decide the matter. WP(c).No.21809/2008 2 Accordingly, the writ petition is disposed of directing that the Standing Committee of the first respondent Panchayat shall consider and pass orders on Ext.P9, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. Petitioners shall produce a copy of the judgment before the first respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.21809/2008 3