Rojan Joseph vs State Of Kerala
2021 Latest Caselaw 16734 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                       WP(C) NO. 12063 OF 2021
PETITIONERS:

    1     ROJAN JOSEPH
          S/O. JOSE, VITHAYATHIL HOUSE, ALANGAD, ALUVA,
          ERNAKULAM.

    2     SMITHA ROJAN,
          W/O. ROJAN JOSEPH,
          VITHAYATHIL HOUSE, ALANGAD, ALUVA, ERNAKULAM.

          K.K.VINOD
          NEERAJ NARAYAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
          DEPARTMENT OF LABOUR, SECRETARIAT, THIRUVANANTHAPURAM
          695 001.

    2     THE LABOUR COMMISSIONER,
          LABOUR COMMISSIONERATE ,
          THIRUVANANTHAPURAM 695 004.

    3     THE DISTRICT LABOUR OFFICER,
          ERNAKULAM DISTRICT, ERNAKULAM 682 032.

    4     THE DEPUTY LABOUR OFFICER,
          OFFICE OF THE INDEPENDENT DEPUTY LABOUR OFFICER,
          KOCHI 682 032.

    5     THE ASSESSMENT OFFICER,
          THE OFFICE OF THE INDEPENDENT DEPUTY LABOUR OFFICER,
          KOCHI, ERNAKULAM 682 032.

          SMT. SABEENA P ISMAIL - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12063 OF 2021

                                    2


                                 JUDGMENT

Even though various reliefs are sought in this writ

petition, when this matter was called today, the learned

counsel for the petitioners confined his plea that the fifth

respondent - Assessment Officer be directed to take up

Ext.P7 representation of his client and dispose it of within a

time frame to be fixed by this Court.

2. Smt.Sabeena P Ismail, the learned Government

Pleader, in response, submitted that if the petitioners only

require Ext.P7 to be taken up and disposed by the fifth

respondent; there does not appear to be any legal

impediment, however, adding that maximum time and more

had already been granted to the petitioners to pay off the

demanded tax.

Taking note of the afore submissions, I order this writ

petition, without entering into the merits of any of the rival

contentions; with a direction to the fifth respondent -

Assessment Officer to take up Exhibit P7 representation of

the petitioners and dispose of the same, after affording them WP(C) NO. 12063 OF 2021

an opportunity of being heard and after evaluating all

materials that they may rely upon, thus leading to an

appropriate order thereon, as expeditiously as is possible,

but not later than one month from the date of receipt of a

copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12063 OF 2021

APPENDIX OF WP(C) 12063/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DD BEARING NO.639311 DATED 25.11.2009 ISSUED BY THE CATHOLIC SYRIAN BANK FOR A AMOUNT OF RS.3892.

Exhibit P2 A TRUE COPY OF THE DD BEARING NO.639312 DATED 25.11.2009 ISSUED BY THE CATHOLIC SYRIAN BANK FOR AN AMOUNT OF RS 52.

Exhibit P3 A TRUE COPY OF THE ASSESSMENT ORDER DATED 17.10.2014 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P4 A TRUE COPY OF THE FORM 1 THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS RULES 1996 DATED 17.10.2014.

Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT DATED 27.11.2014.

Exhibit P6 A TRUE COPY OF THE NOTICE DATED 07/01/2021 TO THE HEAD OF C/1999/14 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P7 A TRUE COPY OF THE DETAILED REPRESENTATION DATED 18.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE ASSESSMENT OFFICER.