IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 15616 OF 2022
PETITIONER:
TOM MATHEW,
AGED 44 YEARS,
SON OF THOMAS MATHEW, PP 1/71, POKIKUNDU,
PALLIKKUNNU, KANNUR DISTRICT- 670 004.
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
G.N.DEEPA
RESPONDENTS:
1 KANNUR MUNICIPAL CORPORATION
PALLIKKUNNU ZONAL OFFICE, PALLOKKUNNU .P.O.
KANNUR-670 004. REPRESENTED BY ITS SECRETARY.
2 KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY, THAMPANOOR, KSRTC
BUILDING 4TH FLOOR, OVERBRIDGE, THAMPANOOR,
THIRUVANANTHAPURAM- 695 001.
BY ADVS.
SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL CORPORATION
SRI.M.P.PRAKASH, SC, KCZMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15616 OF 2022
2
JUDGMENT
The petitioner has approached this Court challenging Exts.P2 and P3. Ext.P2 is a provisional order issued under Sections 406(1)(2) & 395(1)(2) of Kerala Municipalities Act, 1994 which also calls upon the petitioner to show cause as to why action should not be taken against him for certain unauthorised constructions. It also points out that the petitioner had effected certain constructions without CRZ clearance. Ext.P3 is a demand for payment of property tax at rates applicable to unauthorised constructions.
2. Learned Counsel appearing for the petitioner submits that the notices issued to the petitioner are absolutely illegal and unsustainable in law. It is submitted that the building in respect of which Ext.P2 notice is issued is a building that has been in existence for ever so many years and same has now converted the same for use as a resort. It is submitted that the petitioner is paying tax at the commercial rates in respect of the building and therefore, it cannot be a subject matter of Exts.P2 and P3.
3. Learned Standing Counsel for the Municipality WP(C) NO. 15616 OF 2022 3 submits that the writ petition is pre-mature. It is also submitted that Ext.P2 is only a provisional order / show cause notice. It is submitted that any reply submitted by the petitioner will be duly and properly considered after affording the petitioner an opportunity of being heard.
4. The learned counsel appearing for the petitioner would submit in reply that the area in question is now part of the Kannur Municipality and the plot is on the landward side of an existing road and therefore constructions even if made are not prohibited under the CRZ notification. It is submitted that there are many other constructions which had been permitted on the landward side of the existing road and the petitioner has alone been picked up for the purposes of harassment.
5. Having heard learned counsel for the petitioner, learned Standing Counsel appearing for the Municipality and the Kerala Coastal Zone Management authority, I am of the opinion that this writ petition can be disposed of directing the Secretary of the Kannur Municipality to adjudicate Ext.P2 notice issued to the petitioner after affording to the petitioner an opportunity of hearing and after permitting the WP(C) NO. 15616 OF 2022 4 petitioner to produce such documents as may be necessary to substantiate his stand. The petitioner will also be permitted to file an objection to the demand raised in Ext.P3. Till such time as the matter is decided, the demand in Ext.P3 shall not be enforced on condition that petitioner pays 1/3rd of the amount demanded in Ext.P3. The amount so paid by the petitioner will be provisional and subject to final adjudication of the demand.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE DK WP(C) NO. 15616 OF 2022 5 APPENDIX OF WP(C) 15616/2022 PETITIONER EXHIBITS Exhibit.P.1 TRUE COPY OF THE LATEST PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 02-05-2022 Exhibit.P.2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT ALONG WITH THE PROVISIONAL ORDER DATED 13-08-2021 Exhibit.P.3 TRUE COPY OF THE DEMAND NOTICE DATED 21-04-2022 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS Annexure - R1(a) A TRUE COPY OF THE INTIMATION LETTER DATED 06.11.2021 ISSUED TO THE PETITIONER