Shershad vs The State Of Kerala
2021 Latest Caselaw 22701 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                        WP(C) NO. 25829 OF 2021
PETITIONER/S:

           SHERSHAD
           AGED 56 YEARS
           S/O. SALIM, SHYLA MANZIL, KUDAVOOR VILLAGE, KALLAMBALAM
           P.O, THIRUVANANTHAPURAM - 695605.
           BY ADVS.
           ABDUL RAOOF PALLIPATH
           K.R.AVINASH (KUNNATH)
           M.K.SUMOD
           E.MOHAMMED SHAFI
           RAJ CAROLIN V.


RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
           GOVERNMENT, DEPARTMENT OF LABOUR AND SKILLS, SECRETARIAT,
           THIRUVANANTHAPURAM - 695001.
     2     THE DISTRICT LABOUR OFFICER & ASSESSMENT OFFICER,
           UNDER KERALA BUILDING AND OTHER CONSTRUCTION WORKERS
           WELFARE CESS ACT, THOZHIL BHAVAN, OPPOSITE VIKAS BHAVAN
           KSRTC DEPOT, PMG, THIRUVANANTHAPURAM - 695033.
     3     THE ASSISTANT LABOUR OFFICER GRADE -I,
           TRIVANDRUM, THOZHIL BHAVAN, OPPOSITE VIKAS BHAVAN KSRTC
           DEPOT, PMG, THIRUVANANTHAPURAM - 695033.

           BY SMT. SABEENA P.ISMAIL, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25829 OF 2021
                                 -2-



               BECHU KURIAN THOMAS, J.
           =========================
                 W.P.(C).No.25829 of 2021
           =========================
         Dated this the 19th day of November, 2021


                          JUDGMENT

Petitioner has been issued with Ext.P5 notice for

assessment under the Kerala Building and Other Construction

Workers Welfare Cess Act, 1996. Pursuant to the receipt of the

said notice for assessment, petitioner claims to have submitted

Ext.P9 explanation, styled as a petition, on 28.10.2021. It is

submitted that no further order pursuant to Ext.P5 has been

issued by the Assessing Officer and therefore, while considering

the order of assessment to be passed, necessarily the Assessing

Officer has to take into reckoning Ext.P9 and grant an

opportunity of hearing to the petitioner.

2. I have heard the arguments of Adv.Abdul Raoof P.,

learned Counsel for the petitioner as well as Smt. Sabeena WP(C) NO. 25829 OF 2021

P.Ismail, learned Government Pleader on behalf of the

respondents.

3. Having regard to the submissions made as above, it is

necessary that an opportunity of hearing be granted to the

petitioner as well as consider Ext.P9 explanation filed by the

petitioner, if orders pursuant to Ext.P5 has not already been

issued.

4. Accordingly, there will be a direction to the 3 rd

respondent to consider and pass appropriate orders pursuant to

Ext.P5, after granting an opportunity of hearing to the petitioner

as well as after considering objections filed as Ext.P9, within a

period of two months from the date of receipt of a copy of this

judgment, if orders have not already been issued.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE uu 19.11.2021 WP(C) NO. 25829 OF 2021

APPENDIX OF WP(C) 25829/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF DETAILED ESTIMATE ISSUED M/S. INSIGHT CONSORTIUM FOR ARCHITECTURAL RESEARCH AND DESIGN, THIRUVANANTHAPURAM DATED 17.7.2005. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE NO.

B7/17237/08 DATED 09.04.2008 ISSUED BY THE TAHASILDAR, CHIRAYNKEEZHU TALUK, Exhibit P3 TRUE COPY OF THE NOTICE NO. C2/CH2-

19/146/12 DATED 22.09.2012 ISSUED BY THE THIRD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 08.11.2012.

Exhibit P5 TRUE COPY OF THE ASSESSMENT NOTICE NO.

C2/CHZ-19/146/12 DATED 03.09.2021. Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.09.2021.

Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 27.10.2021. Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

961/2016 DATED 12.10.2017.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 28.10.2021 ALONG WITH POSTAL RECEIPT DATED 30.10.2021.