IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 29719 OF 2012
PETITIONERS:
1 T. SHERAFUDEEN
AGED 46 YEARS
S/O. T. POCKER, THEYAMPATTIL HOUSE,
KALPAKANCHERY, THIRUR.
2 M. MOIDEEN KUTTY
S/O. MANNIL SAIDALI, MANNIL HOUSE, VALIYAKUNNU,
KOTTAPURAM, VALANCHERY, TIRUR,
MALAPPURAM DISTRICT, REPRESENTED BY HIS POWRE OF
ATTORNEY HOLDER T. SHERAFUDEEN.
3 V.V. HALEEMU
W/O. MOIDEEN KUTTY, MANNIL HOUSE, VALIYAKUNNU,
KOTTAPURAM, VALANCHERY, TIRUR,
MALAPPURAM DISTRICT, REPRESENTED BY HIS POWRE OF
ATTORNEY HOLDER T. SHERAFUDEEN.
4 M. ABDUL HAMEED
S/O. MOIDEEN KUTTY, MANNIL HOUSE, VALIYAKUNNU,
KOTTAPURAM, VALANCHERY, TIRUR,
MALAPPURAM DISTRICT, REPRESENTED BY HIS POWRE OF
ATTORNEY HOLDER T. SHERAFUDEEN.
5 M.. UMMU HABEEBA
D/O. MOIDEEN KUTTY, MANNIL HOUSE, VALIYAKUNNU,
KOTTAPURAM, VALANCHERY, TIRUR,
MALAPPURAM DISTRICT,
REPRESENTED BY HIS POWRE OF ATTORNEY HOLDER
T. SHERAFUDEEN.
6 M. MUNEERA
S/O. MOIDEEN KUTTY, MANNIL HOUSE, VALIYAKUNNU,
KOTTAPURAM, VALANCHERY, TIRUR,
MALAPPURAM DISTRICT, REPRESENTED BY HIS POWRE OF
ATTORNEY HOLDER T. SHERAFUDEEN.
WP(C) NO. 29719 OF 2012
-2-
7 M. NASIRA
D/O. MOIDEENKUTTY, THEYYAMPATTIL HOUSE,
KALPAKANCHERY, KALAPKANCHERY P.O, TIRUR,
MALAPPURAM, REPRESENTED BY HER POWER OF
ATTORNEY HOLDER T. SHERAFUDEEN.
8 V.V. ABU RAHIMAN
S/O. MOHAMMED, VALIYA VALAPPIL HOUSE,
KALPAKANCHERY, KALPAKANCHERY P.O., TIRUR,
MALAPPURAM, REPRSENTED BY HIS POWER OF ATTORNEY
HOLDER T. SHERAFUDEEN
9 C.K. KUNHIPOCKER
S/O. EANTHU, CHENGANAKATTIL HOUSE,
KALPAKANCHERY, KALPAKANCHERY P.O, TIRUR,
MALAPPURAM REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER T. SHERAFUDEEN.
10 C.P. ABDUL RAHIMAN
S/O. KUNHIPOCKER HAJEE, CHITTAKATH POTTAMMAL
HOUSE, VALAVANNUR P.O, VALAVANNUR, TIRUR,
MALAPPURAM REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER T. SHERAFUDEEN
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER
SMT.HAZEENA ABOOBACKER
SRI.P.P.RAMACHANDRAN
RESPONDENTS:
1 THE SECRETARY
PALAKKAD MUNICIPALITY, PALAKKAD - 678 001.
WP(C) NO. 29719 OF 2012
-3-
2 PALAKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, PALAKKAD - 678
001.
SRI.BINOY VASUDEVAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 29719 OF 2012
-4-
JUDGMENT
This writ petition is filed by the petitioners challenging Ext.P1 serious of special notices of property tax assessment issued under Section 238 of the Kerala Municipality Act, 1994. According to the petitioner when the special notices were received, Ext.P2 objection was filed by the petitioners and consequent to which a hearing was afforded, however no orders are passed. But the Municipality has issued demand notices evident from Ext.P4 series and the petitioner was directed to make the payment, failing which, it was said that recovery actions would be initiated to recover the amount claimed in the demand notice.
2. So the basic contention advanced by the petitioners is violation of the principles of WP(C) NO. 29719 OF 2012 -5- natural justice in contemplation of the provisions of the Act and since the matter was heard by the Secretary of the Municipality on the basis of the objection submitted by the petitioners.
3. I have heard learned counsel for the petitioners Smt. Narayani Harikrishnan and the learned Standing Counsel, Sri.Binoy Vasudevan for the Municipality.
4. It is undisputed that Ext.P2 objection was received by the Municipality and the petitioners were heard on account of Ext.P1 series of demand notices. It is also an admitted fact that, no orders were passed and instead Secretary of the Municipality has issued demand notices.
5. In my considered opinion, the said conduct of the Secretary of the Municipality is WP(C) NO. 29719 OF 2012 -6- an absolute violation of the principles of natural justice and it is arbitrary action, which is liable to be interfered with by this Court exercising the power and judicial review under Article 226 of the Constitution of India.
Therefore, the writ petition is allowed and there will be a direction to the Secretary of the Municipality to re-hear the petitioners and pass orders in accordance with law, at the earliest, and at any rate, within two months from the date of receipt of a copy of this judgment. Needless to say Ext.P4 demand notices would stand quashed, for the limited purpose of facilitating the hearing as directed above.
Sd/-
SHAJI P.CHALY JUDGE hmh WP(C) NO. 29719 OF 2012 -7- APPENDIX OF WP(C) 29719/2012 PETITIONER'S ANNEXURE Exhibit P1 TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(A) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(b) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(c) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(d) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(e) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(f) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(g) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
WP(C) NO. 29719 OF 2012 -8- Exhibit P1(h) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(i) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(j) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(k) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(l) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(m) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(n) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(o) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(p) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(q) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
WP(C) NO. 29719 OF 2012 -9- Exhibit P1(r) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(s) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(t) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(u) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(v) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(w) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(x) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(y) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(z) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(aa) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
WP(C) NO. 29719 OF 2012 -10- Exhibit P1(ab) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(ac) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(ad) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(ae) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(af) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(ag) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(ah) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(ai) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P1(aj) TRUE COPY OF THE NOTICE SERVED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02.11.2011.
Exhibit P2 TRUE COPY OF THE APPLICATION/OBJECTION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 24.05.2012. WP(C) NO. 29719 OF 2012 -11- Exhibit P3 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 14.06.2012. Exhibit P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.11.2012.
Exhibit P4(A) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED NIL Exhibit P4(B) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED NIL Exhibit P4(C) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED NIL Exhibit P4(D) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED NIL RESPONDENT'S NIL ANNEXURE