IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 7349 of 2004(Y) --------------------------------------- PETITIONER(S): ----------------------- *1. SMT. KUNJILAKUTTY ANTONY, W/O. T.F. ANTONY, THOTTUNGAL HOUSE, KANDASSANKADAVU P.O., THRISSUR.*(DIED) *ADDL. PETITIONER NO.2 IMPLEADED ADDL. P2: JOMON T.A., AGED 48 YEARS, S/O.ANTONY T.F., THOTTUNGAL HOUSE, KANDASSAMKADAVU, THRISSUR. * ADDL. PETITIONER NO.2 IS IMPLEADED AS PER ORDER DATED 25/11/2011 IN I.A. NO.4069/2009. BY ADV. SRI.JOMMY THARIAN SRI.S.MUHAMMED HANEEFF RESPONDENT(S): ------------------------ 1. TAHSILDAR (ASSESSING AUTHORITY) TALUK OFFICE, THRISSUR. 2. REVENUE DIVISIONAL OFFICER (APPELLATE AUTHORITY) THRISSUR. 3. THE DISTRICT COLLECTOR, (REVISIONAL AUTHORITY) THRISSUR. BY GOVT. PLEADER MR.MANOJ P.KUNHACHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE SFOLLOWING: rs WP(C).No. 7349 of 2004(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 13/12/2001 ISSUED BY THE SECRETARY MANALUR GRAMA PANCHAYAT. EXT.P2: COPY OF THE CERTIFICATE DATED 19/04/2002 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KANDASSANKADAVU. EXT.P3: COPY OF THE ORDER OF THE ASSESSMENT DATED 09/05/2002 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE APPEAL DATED 15/06/2002 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 16/10/2003 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE REVISION DATED 16/11/2003 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE NOTICE DATED 24/11/2003 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE ORDER DATED 07/01/2004 ISSUED BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE RESTORATION PETITION DATED 03/02/2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 7349 of 2004 - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. To declare that the petitioner is not liable to pay any amount by way of building tax, as claimed in Ext.P3 order of assessment issued by the 1st respondent. 2. To issue a writ of certiorari or such other appropriate writ, order or direction quashing Ext.P8 order issued by the 3rd respondent as the same is issued without due service of notice and without hearing the petitioner on merits. 3. To issue a writ of certiorari or such other appropriate writ, order or direction quashing Ext.P3, Ext.P5 and Ext.P8 orders as they are illegal and void 2. The case of the petitioner is that the impugned order under Ext.P8 was passed behind his back. The learned Government Pleader submits that the impugned order was passed without serving notice to the petitioner. Therefore, I set aside Ext.P8 and remit the matter to the 3rd respondent. The petitioner shall appear before the 3rd respondent on 12.12.2011. The 3rd respondent is directed to hear and dispose of the matter afresh and pass orders within three months from the date of appearance of the petitioner. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C)No. 7349/2004 -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 W.P.(C)No. 7349/2004 -:3:- ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT