Partly allowed

Sugar Aryabhangy Business Hotel v. the Sub Collector/Revenue Divisional Officer

Kerala HC4 Feb 2021WP(C)/2823/2021

Case brief

AI extract

What is this about?

Writ petition challenged an order rejecting a statutory appeal and condonation of delay passed by the Sub Collector without hearing the petitioner. The Court quashed the order and remitted the matter for fresh consideration after a hearing.

What did the court decide?

Impugned order dated 13.02.2020 quashed; matter remitted to Sub Collector, Fort Kochi for fresh consideration after hearing petitioner on specified date.

Sugar Aryabhangy Business Hotel Vs the Sub… — Property and Title | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.M.BADAR

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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WP(C).No.2823 OF 2021(C)

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PETITIONER/S:

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SUGAR ARYABHANGY BUSINESS HOTEL ARYA BHANGY BUILDERS (P) LTD, NH BYEPASS, NETTOOR P.O, ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR, JIBI THOMAS, S/O. LATE DAVID THOMAS, AGED 50 YEARS, RESIDING AT DOOR NO. 53/2652(1) PONNURUNNI, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENT/S:

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1 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER FORTKOCHI, ERNAKULAM PIN 682 001

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2 THE TAHASILDAR,

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KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN 683544

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3 THE VILLAGE OFFICER, MARADU VILLAGE, ERNAKULAM DISTRICT, PIN 682 304

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4 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, PIN 682 030

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SMT.THUSHARA JAMES, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2823 OF 2021 2

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JUDGMENT

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Dated this the 4th day of February 2021

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Heard both sides.

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Learned counsel appearing for the petitioner submits that the assessment order dated 25.09.2019 was received by the petitioner on 16.10.2019 and the petitioner preferred an appeal challenging the said assessment order before the the Sub Collector on 15.11.2019. Thus the appeal filed by the petitioner was within 30 days from the receipt of the assessment order. But the Appellate Authority, without hearing the petitioner, has passed erroneous order rejecting the statutory appeal, being barred by limitation. Learned counsel appearing for the petitioner further submits that even there is provision to condone further six months delay by the authority.

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Learned Government Pleader opposed the petition by supporting the impugned order at Ext.P14.

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Having considered the submissions made by the learned counsel for the petitioner and keeping in mind the provisions regarding condonation of delay in preferring the appeal as envisaged as Section 11(3) of the Kerala Building Tax Act, I am of

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WP(C).No.2823 OF 2021 3

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the considered opinion that the petition can be disposed of with the following directions as the impugned order was passed without hearing the petitioner:-

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The impugned order dated 13.02.2020 at Ext.P14 passed by the Sub Collector, Kochi, rejecting the application for condonation of delay and consequential dismissal of the appeal is quashed and set aside. The matter is remitted to the Sub collector, Fort Kochi for fresh consideration in accordance with law, after hearing the petitioner in the matter. The petitioner is directed to appear before the said authority on 25.02.2021 at 11.30 am and then to abide by the further directions of the Appellate Authority. Needless to mention that the Appellate Authority should also consider the stay petition expeditiously, as the leaned counsel for the petitioner submits that the recovery proceedings have been started against the petitioner. Parties to act upon the authenticated copy of this judgment.

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The writ petition is accordingly disposed of.

Sd/-

A.M.BADAR

JUDGE

ajt

WP(C).No.2823 OF 2021 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE BUILDING PERMIT DATED 28- 06-2013 ISSUED BY THE MARADU MUNICIPALITY
EXHIBIT P2	TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 24-4-2018 ISSUED BY THE MARADU MUNICIPALITY
EXHIBIT P3	TRUE COPY OF THE NOTICE DATED 21-3-2019 ISSUED BY THE THIRD RESPONDENT ON BEHALF OF SECOND ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4	TRUE COPY OF THE RETURN DATED 4-4-2019 SUBMITTED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P5	TRUE COPY OF THE PRINT STATEMENT PREPARED BY THE SECOND RESPONDENT DATED 4-4-2019 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6	TRUE COPY OF ORDER DATED 25-09-2019 HANDED OVER TO THE PETITIONER ON 16-10-2019 BY THE THIRD RESPONDENT ON BEHALF OF SECOND RESPONDENT ALONG WITH ENGLISH TRANSLATION
EXHIBIT P7	TRUE COPY OF CHEQUE DATED 13-11-2019 BEARING NO. 133920 DRAWN ON AXIS BANK, THRIPPUNITHURA TOWARDS PAYMENT OF FIRST INSTALLMENT OF AMOUNT COVERED IN IMPUGNED ORDER
EXHIBIT P8	TRUE COPY OF THE COMMUNICATION DATED 20-05- 2019 ISSUED BY THE MARADU MUNICIPALITY
EXHIBIT P9	TRUE COPY OF THE CERTIFICATE OF FINAL CLEARANCE DATED 4-07-2020 ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, CENTRAL DIVISION, ERNAKULAM
EXHIBIT P10	TRUE COPY OF THE OBJECTION DATED 17-10-2019 SUBMITED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH ENGLISH TRANSLATION
EXHIBIT P11	TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 06-11-2019 IN W.P(C) NO. 29843/2019

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WP(C).No.2823 OF 2021 5

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EXHIBIT P12 TRUE COPY OF THE APPEAL DATED 15-11-2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITHOUT ANNEXURES EXHIBIT P13 TRUE COPY OF THE STAY PETITION DATED 15-012021 SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONER. EXHIBIT P14 TRUE COPY OF THE DISMISSAL ORDER DATED 1302-2020 HAND OVER TO THE PETITIONER 18-12021 FROM THE OFFICE OOF FIRST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Sugar Aryabhangy Business Hotel v. the Sub Collector/Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Sugar Aryabhangy Business Hotel v. the Sub Collector/Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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