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Ajith C.S vs Tahsildr

Ajith C.S vs Tahsildr

Type Court Judgment Court Kerala Orders Decided Aug 24, 2023
~3 min read
https://sooperkanoon.com/case/1369456

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
WP(C)/13159/2018

Parties & Advocates

Appellant / Petitioner

Ajith C.S

Respondent

Tahsildr

Excerpt

.....considering the said submissions oflearned counsel for the petitioner as well as learned government pleader, the present writ petition is allowed to be withdrawn with liberty to the petitioner to file the said appeal against the assessment orders exts.p3 and p4 before the appellate authority. if the said appeal is filed within a period of two weeks from today, the appellate authority shall decide the appeal on merits without going to the question of delay in filing the appeal. sd/- dinesh kumar singh judge ap appendix of wp(c) 13159/2018 petitioner exhibits exhibit p1 true copy of the tripartite agreement dated14.06.2012 entered into between the petitioner,m/s mookambika homes and apartments and sri anup rajan nair and k.p.rajan,who own apartment no.e-24 of apartment complex. exhibit p2 true copy of document no.2373/2013 dated 11.10.2013 of sub registrar office,chavakkad executed by the petitioner in favour of sri.anoop rajan nair and k.p.rajan.exhibit p3 true copy of the order of assessment of building tax passed by its respondent on 20.02.2018 exhibit p3 translation of exibit p3 exhibit p4 true copy of the order of assessment of building tax cess passed by 1st respondent on 20.02.2018. exhibit p4 translation of exhibit p4 exhibit p5 true copy of the judgment in wp(c)no.3077/2013 dated 22.05.2013.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 24TH DAY OF AUGUST 2023 / 2ND BHADRA, 1945 WP(C) NO. 13159 OF 2018 PETITIONER: AJITH C.S S/O SANKARANARAYANAN,HOUSE NO.XXIV/144,POONKUNNAM,THRISSUR. SRI.K.B.GANGESH SMT.ATHIRA A.MENON SMT.SMITHA CHATHANARAMBATH RESPONDENTS: 1 TAHSILDR TALUK OFFICE,CHAVAKKAD,THRISSUR-PIN:680506. 2 DISTRICT COLLECTOR COLLECTORATE,AYYANTHOLE,THRISSUR-3. GOVERNMENT PLEADER MS.RESHMITHA RAMACHANDRAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 24th day of August, 2023

1. Heard Sri.K.B Gangesh, learned counsel for the petitioner as well as Ms.Reshmitha Ramachandran, learned Government Pleader appearing for the respondents.

2. After some arguments, learned counsel for

the petitioner submits that he would avail the remedy of appeal under the provisions of the Kerala Building Tax Act, 1975 against the assessment order Exts.P3 and P4. He further submitted that the writ petition was admitted and remain pending on the files of this Court. Therefore, the delay in filing the appeal should be condoned.

3. Ms. Reshmitha Ramachandran, learned Government Pleader has no objection for condoning the delay in filing the appeal, provided the appeal is filed within a period of three weeks from today.

4. Considering the said submissions of

learned counsel for the petitioner as well as learned Government Pleader, the present writ petition is allowed to be withdrawn with liberty to the petitioner to file the said appeal against the assessment orders Exts.P3 and P4 before the appellate authority. If the said appeal is filed within a period of two weeks from today, the appellate authority shall decide the appeal on merits without going to the question of delay in filing the appeal. Sd/- DINESH KUMAR SINGH JUDGE AP APPENDIX OF WP(C) 13159/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TRIPARTITE AGREEMENT DATED

14.06.2012 ENTERED INTO BETWEEN THE PETITIONER,M/S MOOKAMBIKA HOMES AND APARTMENTS AND SRI ANUP RAJAN NAIR AND K.P.RAJAN,WHO OWN APARTMENT NO.E-24 OF APARTMENT COMPLEX. EXHIBIT P2 TRUE COPY OF DOCUMENT NO.2373/2013 DATED 11.10.2013 OF SUB REGISTRAR OFFICE,CHAVAKKAD EXECUTED BY THE PETITIONER IN FAVOUR OF SRI.ANOOP RAJAN NAIR AND K.P.RAJAN.

EXHIBIT P3 TRUE COPY OF THE ORDER OF ASSESSMENT OF BUILDING TAX PASSED BY ITS RESPONDENT ON 20.02.2018 EXHIBIT P3 TRANSLATION OF EXIBIT P3 EXHIBIT P4 TRUE COPY OF THE ORDER OF ASSESSMENT OF BUILDING TAX CESS PASSED BY 1ST RESPONDENT ON 20.02.2018. EXHIBIT P4 TRANSLATION OF EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)NO.3077/2013 DATED 22.05.2013.

Continue Your Research

Same Court & Year Kerala Orders · 2023 Same Parties Ajith C.S vs Tahsildr Same Judge Honourable Mr. Justice D. K. Singh

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