Kerala High Court
Roby Francis vs The State Of Kerala on 15 July, 2021
W.P.(C) No. 4872/2015 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 4872 OF 2015
PETITIONER:
1 ROBY FRANCIS,
CHAITHANYA, MOTHER TERESA WARD NO XI, WARD NO XI,
MUHAMMA GRAMA PANCHAYATH, ALAPPUZHA DISTrict-688 525.
2 DARLEY ROBY
CHAITHANYA, MOTHER TERESA WARD NO XI, WARD NO XI,
MUHAMMA GRAMA PANCHAYATH, ALAPPUZHA DIST-688 525
BY ADV SRI.M.K.CHANDRA MOHANDAS
RESPONDENT/S:
1 THE STATE OF KERALA
REP BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-691 001.
2 MUHAMMA GRAMA PANCHAYATH
REP BY ITS SECRETARY, CHERTHALA, ALAPPUZHA-685 521
3 THE SECRETARY
MUHAMMA GRAMA PANCHAYATH-CHERTHALA,ALAPPUZHA-685 521
BY ADV SRI.J.OM PRAKASH
R1 BY SRI. SURIN GEORGE IPE, SR. GOVERFNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 4872/2015 :2:
Dated this the 15th day of July, 2021.
JUDGMENT
The petitioner has filed this writ petition seeking the following
reliefs:
1. Issue a writ of certiorari or any other appropriate writ, order or
direction calling for the records leading to Exts.P2 and P3 and
quash the same as arbitrary, illegal and unsustainable.
2. Declare that Exts.P3 and P4 demand notices are arbitrary and
illegal and therefore not enforceable against the petitioners.
2. The subject issue relates to the excess tax demanded from
the petitioners in respect of building Nos. 783-209 E and 785-209 B of
Muhamma Grama Panchayat.
3. The petitioners have filed I.A. No. 6739 of 2017 stating
that the respondent Panchayat has revised the rate of tax, which
seems reasonable and therefore, they are not intending to proceed
with the writ petition.
4. Having perused the pleadings and materials on record and
after hearing the learned Senior Government Pleader Sri. Surin George
Ipe and Sri. J. Om Prakash, learned Standing Counsel appearing for
the respondent Grama Panchayat, this writ petition is disposed of
recording the statement made by the petitioners in I.A. No. 6739 of
2017 that in view of the revised demand notice, the petitioners do not
have any subsisting grievance in the matter.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
APENDIX OF WP(C) 4872/2015
PETITIONER'S EXHIBITS:
EXHIBIT P1 P1:COPY OF THE RECEIPT NO 4418946 DTD 11/9/2013.
EXHIBIT P2 P2:-COPY OF THE RECEIPT NO 4419048 DTD 11/9/2013.
EXHIBIT P3 P3:COPY OF THE DEMAND NOTICE.
EXHIBIT P3(a) P3(a):COPY OF THE ENGLISH TRANSLATION OF EXT P3.
EXHIBIT P4 P4:_COPY OF THE DEMAND NOTICE.
EXHIBIT P4(a) P4(a):COPY OF THE ENGLISH TRANSLATION OF EXT P4.
EXHIBIT P5 P5:-A COPY OF THE APPEAL DTD 4/2/2015.
Exhibit P6 A COPY OF THE REVISED DEMAND NOTICE IN RESPECT
OF BUILDING NO.781 IN MUHAMMA GRAMA PANCHAYAT.
Exhibit P7 A COPY OF THE REVISED DEMAND NOTICE IN RESPECT
OF BUILDING NO.782 IN MUHAMMA GRAMA PANCHAYAT.
Exhibit P8 A COPY OF THE REVISED DEMAND NOTICE IN RESPECT
OF BUILDING NO.783 IN MUHAMMA GRAMA PANCHAYAT.
Exhibit P9 A COPY OF THE REVISED DEMAND NOTICE IN RESPECT
OF BUILDING NO.784 IN MUHAMMA GRAMA PANCHAYAT.
Exhibit P10 A COPY OF THE REVISED DEMAND NOTICE IN RESPECT
OF BUILDING NO.785 IN MUHAMMA GRAMA PANCHAYAT.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS to Judge.
rv
