Raja Abhishek For NIRC 2024
about 1 month ago
š° šš²šæš®š¹š® šš¶š“šµ šš¼ššæš š„šš¹š¶š»š“: šŖšæš¶š š”š¼š š š®š¶š»šš®š¶š»š®šÆš¹š² šš“š®š¶š»šš šš¶šæšš šš½š½š²š¹š¹š®šš² ššššµš¼šæš¶šš š¢šæš±š²šæ š¢ The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. held that
"the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act." š šš®š°šš: šš®šš² š§š¶šš¹š²: Smt. Pathminim Legal Heir Of Mr. Mattummel Kunhiraman vs. State Of Kerala šš®šš² š”ššŗšÆš²šæ: WA NO. 534 OF 2024
ššššš²: The petitioner challenged the first appellate authority's order, which upheld the assessment of building tax and luxury tax by the Tahsildar and remanded one issue for reconsideration.
š£šæš¼š°š²š²š±š¶š»š“š: The petitioner argued that the single judge only considered the remand portion of the order, not the part affirming the building tax assessment. The petitioner sought relief via writ petition against the appellate authority's order.
āļø ššš±š“š²šŗš²š»š: The Kerala HC ruled that the writ petition is not maintainable against the first appellate authority's order. The court advised the petitioner to pursue a statutory revision before the District Collector under Section 13 of the Kerala Building Tax Act.
The court instructed that if the petitioner files a revision within a month of receiving the judgment, the District Collector should treat it as timely and consider it on its merits.
š This ruling emphasizes the availability of revisional jurisdiction as an effective alternative remedy, highlighting the procedure to challenge the first appellate authority's orders under the Kerala Building Tax Act. #TaxLaw #arr4nirc #KeralaHighCourt #LegalUpdate
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