Citation : 2021 Latest Caselaw 2674 Ker
Judgement Date : 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.7574 OF 2020(V)
PETITIONER/S:
C.K.SADANANDAN, SURYA APARTMENT,
CIVIL STATION P.O., KANNUR DISTRICT-670 002,
PROPRIETOR, SADANANDA REALTORS, BUILDERS AND
DEVELOPERS, 2ND FLOOR, BRIGADE CENTRE, FORT ROAD,
KANNUR-670 001.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KANNUR, PIN-670 001.
2 THE TAHSILDAR,
TALUK OFFICE, KANNUR, PIN-670 001.
3 THE VILLAGE OFFICER,
PALLIKUNNU VILLAGE OFFICE, KANNUR, PIN-670 004.
SMT. THUSHARA JAMES, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7574 OF 2020 2
JUDGMENT
Dated this the 22nd day of January 2021
Heard both sides.
2. Learned Government Pleader appearing for the respondents
submits that the petitioner has effective statutory remedy of preferring a
revision petition before the 1 st respondent and as such, the petitioner
should first approach the revisional authority.
3. Learned counsel appearing for the petitioner submits that
the petitioner has furnished all necessary details with the assessing
officer apart from his representation at Ext.P4, which is not considered
by the concerned authority.
4. As the petitioner is having statutory remedy of preferring
revision petition under Section 13 of the Kerala Building Tax Act, the writ
petition is disposed of with liberty to the petitioner to approach the
revisional authority. Needless to mention that, if the petitioner
approaches the revisional authority, the revisional authority shall
consider and decide the revision petition, after hearing the petitioner
and after considering the entire materials produced before it, in
accordance with law.
The writ petition is accordingly disposed of.
Sd/-
ajt A.M.BADAR, JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ONE AGREEMENT FOR
CONSTRUCTION AND AGREEMENT FOR SALE
EXECUTED BY THE PARTIES DATED 07.01.2017.
EXHIBIT P2 A TRUE COPY OF THE LIST OF FLAT NUMBER,NAME, AGREEMENT DATED AND DATE OF SALE, IN RESPECT OF ALL THE ALLOTEES.
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS NO.C4 7903/19 DATED 27.01.2020 OF THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 05.02.2020 ALONG WITH ENGLISH TRANSLATION.
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