Kerala High Court
WP(C)/30918/2021 of V.J.GEORGE Vs MUNCIPAL CORPORATION OF KOCHI on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30918 OF 2021 PETITIONER: V.J. GEORGE S/O. LATE JOSEPH, AGED 84 YEARS, VADAKKEMULLOTH HOUSE, L.F.C. ROAD, NORTH KALOOR, KOCHI – 682 017.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
WP(C) NO. 30918 OF 2021
PETITIONER:
V.J. GEORGE S/O. LATE JOSEPH,AGED 84 YEARS,VADAKKEMULLOTH HOUSE,L.F.C. ROAD,NORTH KALOOR,KOCHI – 682 017.
BY ADVS.C.G. BINDUAJITHA C.G.K.J. SARANYA RAJ
RESPONDENTS:
1MUNICIPAL CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, PARK AVENUE,ERNAKULAM, KOCHI – 682 011.2STANDING COMMITTEE OF TAXATION AND APPEAL,REPRESENTED BY ITS CHAIRMAN,MUNICIPAL CORPORTION OF KOCHI,PARK AVENUE,ERNAKULAM, KOCHI – 682 011.
R1 & R2 - SRI. ARUN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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JUDGMENT
The petitioner has filed this writ petition for thefollowing reliefs:- “(i)A writ in the nature of Certiorai or otherappropriate writ to quash Exhibits P12, P13,P15, P16, P21 and P22 Demand Noticesissued by the 1[st] respondent;
(ii) A writ of Mandamus or any otherappropriate writ, order or direction be issuedagainst the respondents directing them todispose of Exhibit-P17 objection and Exhibit-P19 statutory Appeal pending before therespondents;
(iii) Issue appropriate orders or directionsto the respondents to desist from taking anycoercive steps against the petitionerpursuant to Exhibit-P21 and P22;
(iv) To grant such other reliefs as thisHon'ble Court may deem just and properaccording to the facts circumstances of thecase;
(v) To award exemplary costs of theproceedings to the petitioner.”
2. The petitioner has filed Ext.P19 statutory appeal against Exts.P15 and P16 demand noticestowards arrears of property tax from 1997. Accordingto the petitioner, during the pendency of the statutory appeal the 1[st] respondent has issued Exts.P21 and P22special demand notices claiming arrears from 1997.
3. Heard the learned counsel for the petitionerand the learned Standing Counsel for the respondents.
4. According to the petitioner, during thependency of the statutory appeal filed under theprovisions of the Kerala Municipality Act, 1994, therespondents ought not to have issued Exts.P21 andP22 special notices. The limited prayer of thepetitioner in this writ petition is for a disposal ofExt.P19 appeal preferred against Exts.P15 and P16.
5. There will be a direction to the 2[nd] respondent to consider Ext.P19 appeal with notice to the petitioner,within a period of three months from the date ofreceipt of a copy of this judgment. Till such time
4
orders are passed on Ext.P19, there will be a stay of Exts.P21 and P22.
The writ petition is disposed of with the abovedirection.
SPR
Sd/-
MURALI PURUSHOTHAMAN JUDGE
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 27.05.1997 ISSUEDBY THE 1ST RESPONDENT.CERTIFICATE DATED 27.05.1997 ISSUEDBY THE 1ST RESPONDENT.
EXHIBIT P2TRUE COPY OF THE RECEIPT DATED 03.08.1998 FOR THE PAYMENT OF RS.26,866/- (RUPEES TWENTY-SIX-03.08.1998 FOR THE PAYMENT OF RS.26,866/- (RUPEES TWENTY-SIX- THOUSAND EIGHT HUNDRED AND SIXTY-SIX-ONLY) FOR THE PERIOD 1997-1998,1998-1999.SIX-ONLY) FOR THE PERIOD 1997-1998,1998-1999.
EXHIBIT P3TRUE PHOTOCOPY OF THE APPLICATION DATED 26.09.2001 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.DATED 26.09.2001 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4TRUE PHOTOCOPY OF THE ORDER DATED 19.07.2002 ISSUED BY THE 1ST RESPONDENT.19.07.2002 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5TRUE PHOTOCOPY OF THE ORDER DATED 30.09.2006 ISSUED BY 1ST RESPONDENT.30.09.2006 ISSUED BY 1ST RESPONDENT.
EXHIBIT P6TRUE PHOTOCOPY OF THE APPLICATION DATED 17.05.2007 SUBMITTED BY PETIITONER BEFORE THE 1ST RESPONDENT.DATED 17.05.2007 SUBMITTED BY PETIITONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P7TRUE PHOTOCOPY OF THE APPLICATION DATED 18.11.2008 SUBMITTED BY PETIITONER BEFORE THE 1ST RESPONDENT.DATED 18.11.2008 SUBMITTED BY PETIITONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P8TRUE PHOTOCOPY OF JUDGMENT DATED 28.03.2016 IN W.P(C) NO.11625/2012.28.03.2016 IN W.P(C) NO.11625/2012.
EXHIBIT P9TRUE PHOTOCOPY OF THE INFORMATION DATED 22.06.2017 ISSUED TO DATED 22.06.2017 ISSUED TO
PETITIONER BY PUBLIC INFORMATION OFFICER, CORPPORATION OF KOCHI.OFFICER, CORPPORATION OF KOCHI.
EXHIBIT P10TRUE PHOTOCOPY OF THE INFORMATION DATED 20.11.2017 ISSUED TO DATED 20.11.2017 ISSUED TO
PETITIONER BY PUBLIC INFORMATION OFFICER, CORPPORATION OF KOCHI.OFFICER, CORPPORATION OF KOCHI.
EXHIBIT P11TRUE PHOTOCOPY OF THE REPRESENTATION DATED 05.07.2017 REPRESENTATION DATED 05.07.2017
SENT BY PETITIONER TO THE 1ST RESPONDENT.RESPONDENT.
EXHIBIT P12
TRUE PHOTOCOPY OF THE DEMAND NOTICEBEARING NO.7720 ISSUED BY 1ST RESPONDENT DATED 15.01.2018. BEARING NO.7720 ISSUED BY 1ST RESPONDENT DATED 15.01.2018.
EXHIBIT P13TRUE PHOTOCOPY OF THE DEMAND NOTICEBEARING NO.7719 ISSUED BY 1ST RESPONDENT DATED 15.01.2018.BEARING NO.7719 ISSUED BY 1ST RESPONDENT DATED 15.01.2018.
EXHIBIT P14
TRUE PHOTOCOPY OF THE APPEAL DATED 30.01.2018 SUBMITTD BY PETITIONER BEFORE THE 2ND RESPONDENT.30.01.2018 SUBMITTD BY PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P15TRUE PHOTOCOPY OF THE NOTICE DATED 07.03.2020 WITH RESPECT TO BUILDINGNO.72/2482 (44/1069A). 07.03.2020 WITH RESPECT TO BUILDINGNO.72/2482 (44/1069A).
EXHIBIT P16
TRUE PHOTOCOPY OF THE NOTICE DATED 07.03.2020 WITH RESPECT TO BUILDINGNO.72/2483 (44/1069A1).07.03.2020 WITH RESPECT TO BUILDINGNO.72/2483 (44/1069A1).
EXHIBIT P17TRUE PHOTOCOPY OF THE OBJECTION DATED 25.06.2020 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.DATED 25.06.2020 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P18TRUE PHOTOCOPY OF THE RECEIPT DATED25.06.2020 ISSUED BY 1ST RESPONDENT25.06.2020 ISSUED BY 1ST RESPONDENT
WITH RESPECT TO EXHIBIT-P17 OBJECTION.OBJECTION.
EXHIBIT P19TRUE PHOTOCOPY OF THE STATUTORY
APPEAL FILED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.06.2020.THE 2ND RESPONDENT DATED 26.06.2020.
EXHIBIT P20TRUE PHOTOCOPY OF THE RECEIPT DATED30.06.2020 ISSUED BY THE 2ND 30.06.2020 ISSUED BY THE 2ND
RESPONDENT WITH RESPECT TO EXHIBIT P19 APPEAL.P19 APPEAL.
EXHIBIT P21TRUE PHOTOCOPY OF THE NOTICE DATED 16.07.2021 ISSUED TO PETITIONER BY 1ST RESPONDENT WTIH RESPECT TO BUILDING NO.72/2482 (44/1069A).16.07.2021 ISSUED TO PETITIONER BY 1ST RESPONDENT WTIH RESPECT TO BUILDING NO.72/2482 (44/1069A).
EXHIBIT P22TRUE PHOTOCOPY OF THE NOTICE DATED 16.07.2021 ISSUED TO PETITIONER BY 1ST RESPONDENT WITH RESPECT TO BUILDING NO.72/2483 (44/1069A1).16.07.2021 ISSUED TO PETITIONER BY 1ST RESPONDENT WITH RESPECT TO BUILDING NO.72/2483 (44/1069A1).
RESPONDENTS'S EXHIBITS: NIL.