Kerala High Court
Joseph Anthraper vs Nedumbassery Grama Panchayat on 11 April, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.3671/2022 1/3 Order Date : 11-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 3671 OF 2022
PETITIONERS:
1. JOSEPH ANTHRAPER, AGED 70 YEARS, S/O. JOHN ANTHRAPER, ANTHRAPER
HOUSE, 155 CHURCH NAGAR, ANGAMALY, ERNAKULAM DISTRICT-683753.
2. UNIVERSAL PLASTICS AND RUBBERS, REPRESENTED BY ITS PROPRIETORS
SAMEENA P.M, W/O K.A ANAS, KUNNEKUDIL HOUSE, MARAMPILLY P.O, ALUVA,
ERNAKULAM-683105.
RESPONDENTS:
1. NEDUMBASSERY GRAMA PANCHAYAT, NEDUMBASSERY, ERNAKULAM
DISTRICT-683585, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, NEDUMBASSERY GRAMA PANCHAYAT, NEDUMBASSERY, ERNAKULAM
DISTRCT-683585.
3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of Ext.P2 and P3 demand
notices dated 11.01.2022 issued by the 1st Respondent, Panchayath to the
Petitioners pending disposal of this Writ Petition in the interest of
justice.
This Petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
09/02/2022 and upon hearing the arguments of SRI. N.N. SUGUNAPALAN, SENIOR
ADVOCATE, along with SRI. S. SUJIN, Advocate for the petitioners and of
SHRI. GEORGE SEBASTIAN, STANDING COUNSEL NEDUMBASSERY GRAMA PANCHAYAT, for
R1 & R2, the court passed the following:
WP(C) No.3671/2022 2/3 Order Date : 11-04-2024
DINESH KUMAR SINGH, J.
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W.P (C.) No.22067 of 2011, 10485 of 2015, 40201 of 2016,
19313 & 21094 of 2017, 9293,13719 & 13760 of 2018,
1628, 17755 & 23358 of 2019, 19860 of 2021, 3671 &
11694 of 2022
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Dated this the 11th day of April, 2024
ORDER
Ms. Jasmin M.M, learned Government Pleader submits that in all these petitions, the common question of law and fact is involved. A Counter affidavit has been filed in one of the writ petitions ie, W.P(C.) No.40201 of 2016, and the said counter affidavit is adopted in all other writ petitions. She does not wish to file separate counter affidavit in each the petitions.
The learned Senior counsel for the petitioners submits that he would like to file reply to the counter affidavit within a period of four weeks.
Post on 27.05.2024.
Sd/-
DINESH KUMAR SINGH JUDGE AP WP(C) No.3671/2022 3/3 Order Date : 11-04-2024 APPENDIX OF WP(C) 3671/2022 Exhibit P1 TRUE COPY OF THE JUDGMENT IN OP 35754/2002 DATED 8.3.2008 Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 11.1.2022 FROM THE PANCHAYATH FOR THE REMITTANCE OF PROPERTY TAX TO THE PANCHAYAT Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 11.1.2022 FROM THE PANCHAYATH FOR THE REMITTANCE OF PROPERTY TAX TO THE PANCHAYAT Exhibit P4 TRUE COPY OF THE STAY ORDER IN WPC NO 7893/2012 DATED 28.3.2012