T. Sherafudeen vs The Secretary
2021 Latest Caselaw 13483 Ker

         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

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

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

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

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

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

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

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