2025 Supreme(Online)(Ker) 56052
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
RENJITHKUMAR.V. – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 2766 OF 2025 | WP(C) NO.40327 OF 2025
For the Appellants/Petitioners: SRI.B.RENJITHKUMAR, SMT.CLARA SHERIN FRANCIS, SHRI.VYSHNAV S.
For the Respondents: DR.THUSHARA JAMES, SR.GP
The court emphasizes the importance of adhering to statutory timelines for appeals, while allowing for rectification of assessment errors under specific provisions of law.
Headnote:The judgment analyzed the validity of an assessment for building tax under the Kerala Building Tax Act, 1975, highlighting the procedural issues in appeals. The appellant, contesting the assessment beyond the limitation period, was granted liberty to rectify the assessment mistake under Section 15. The court emphasized the importance of timely appeals and the corrective mechanism available. The final ruling allowed the appellant to invoke the remedy for rectification of assessment errors.
A. Muhamed Mustaque, J.
The appeal is preferred by the writ petitioner. He has been assessed for payment of building tax. He challenged the assessment before the Sub Divisional Officer. The Sub Divisional Officer remanded the matter and consequently the Tahasildar passed an order on 22.7.2024, re-assessing the building tax, treating the plinth area as 298.84 sq.m. The appellant preferred a revision before the District Collector, which was apparently filed beyond the period of limitation as prescribed under the law to prefer an appeal. He ought to have filed an appeal before the Revenue Divisional Officer instead of the revision. Anyway, both the authorities cannot entertain the matter, as it was filed beyond the prescribed period of limitation.
The challenge of the appellant is that there is a mistake in the assessment. Nothing prevents him from invoking the remedy under the law as provided under Section 15 of the Kerala Building Tax Act, 1975 for rectification of any mistake within three years of the order passed by the assessing or appellate authority, as the case may be. Therefore, we give liberty to the appellant to invoke the said remedy. If such an application is filed, the same shall be considered without any delay.