The petitioner sought a stay on recovery proceedings initiated under the Kerala Building Tax Act while his statutory period for filing an appeal remained unexpired. The Court stayed recovery action for one month.
Recovery proceedings for recovery of amounts confirmed against the petitioner were kept in abeyance for a period of one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937
WP(C).No. 2521 of 2016 (M)
PETITIONER(S):
M.P.POULOSE, S/O. PAVU, AGED 75 YEARS, MATTANCHERRY HOUSE, KRAVIYELI KARA, KOMBANADU, PERUMBAVOOR.
BY ADVS.SRI.T.RAJESH SRI.JOHN T. SEBASTIAN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY chief SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM-686661.
3. THE TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR, ERNAKULAM-683572.
4. ASSISTANT EXECUTIVE OFFICER, PUBLIC WORKS DEPARTMENT, BUILDING SECTION, PERUMBAVOOR-683542.
5. VENGOOR GRAMA PANCHAYATH, VENGOOR P.O., PERUMBAVOOR, ERNAKULAM-683542.
R1-4 BY GOVERNMENT PLEADER SRI.R.RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 2521 of 2016 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C). No. 2521 of 2016
Dated this the 22nd day of January, 2016
JUDGMENT
The petitioner, who is aggrieved by Ext.P12 order levying luxury tax on him, seeks some time to pursue his appellate remedy under the Kerala Building Tax Act. It is his apprehension that even before the expiry of statutory period for filing an appeal, the respondents will resort to revenue recovery steps for recovery of amounts confirmed against the petitioner by Ext.P12 order.
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W.P.(C). No. 2521 of 2016
the Kerala Building Tax Act, against Ext.P12 order, in the meanwhile.
The writ petition is disposed as above.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE
das /22.01.2016
1 issue framed by the court
Whether recovery proceedings under the Kerala Building Tax Act should be stayed pending the expiry of the statutory period for filing an appeal.
M.P.Poulrose
State of Kerala
The Revenue Divisional Officer
The Tahsildar
Assistant Executive Officer
Vengoor Grama Panchayath
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
