State of Kerala vs Southern Fisheries Corporation

C.N. Ramachandran Nair, J.—The question raised in the Writ Appeal is covered by the judgment of the learned Single Judge in Padmanabhan K. Vs. The State of Kerala and Others, , where the learned Single Judge followed another Single Bench judgment to hold that covered terrace area does not become part of the plinth area of a building for assessment. Even though learned Government Pleader submitted that the building in this case is a commercial building whereas the case decided by this Court in the above referred judgment pertains to residential building, we do not think there is any difference between residential and commercial buildings for the purpose of assessment of building tax, which is on the plinth area of building.

We endorse the view expressed by the learned Single Judge in the judgment in Padmanabhan K. Vs. The State of Kerala and Others, and declare that unless the roof terrace is enclosed, the same cannot be treated as plinth area for assessment. In other words, mere covering of roof to protect the building from rain and sun does not make the terrace as part of plinth area for assessment whether the building is residential or commercial.

Consequently, we dismiss the Writ Appeal.