Usha Venkatesh vs Punnapra North Grama Panchayat
2021 Latest Caselaw 10625 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                      WP(C).No.39735 OF 2016(N)


PETITIONER:

               USHA VENKATESH
               AGED 52 YEARS, W/O.VENKATESH, SREEKARA MADOM,
               A.N.PURAM, MULLACKAL VILLAGE, IRON BRIDGE P.O.,
               ALAPPUZHA, PIN - 688 011.

               BY ADVS.
               SRI.C.S.MANU
               SHRI.S.K.PREMRAJ

RESPONDENTS:

      1        PUNNAPRA NORTH GRAMA PANCHAYAT
               PUNNAPRA NORTH P.O., ALAPPUZHA DISTRICT,
               PIN - 688 014.

      2        THE SECRETARY
               PUNNPRA NORTH GRAMA PANCHAYAT, PUNNAPRA NORTH P.O.,
               ALAPPUZHA DISTRICT, PIN - 688 014.


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.39735 OF 2016(N)                       2




                                     JUDGMENT

Dated this the 29th day of March 2021

This writ petition is filed by the petitioner, who is the owner of a building

bearing No.V/301A within the limits of Punnapra North Grama Panchayat,

Alappuzha District seeking the following reliefs:

(1) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to receive the property tax pertaining to the building bearing No.V/301A under the Punnapra North Grama Panchayat in respect of the period 2014-15 and 2015-16 forthwith and issue receipt to the petitioner for the same.

(2) Allow the cost of the petitioner to the petitioner.

(3) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

2. According to the petitioner, petitioner had paid property tax of the

building till 2013-2014. But in respect of the period 2014-2015 and 2015-2016,

the Secretary of the Grama Panchayat refused to receive property tax from the

petitioner on the premise that the proceedings under the Kerala Conservation of

Paddy land and Wetland Act, 2008 in respect of the property in question is

pending consideration. It is the case of the petitioner that as per an interim

order in W.P.(C) No.3075/2016 filed by the very same petitioner, the

proceedings initiated against the petitioner as per Exhibit P3 order was stayed

therein. The contention advanced is that the pendency of the proceedings

initiated by the District Collector under Act, 2008 will not stand in the way of

the Panchayat receiving the property tax of the building in question.

3. Anyhow, on the failure on the part of the Secretary of the Grama

Panchayat to receive the property tax, petitioner has submitted Exhibit P5

representation before the Secretary of the Grama Panchayat, which was

pending consideration. Probably in order to sort out the issue, as per order

dated 14.12.2016, a learned Single Judge of this Court directed the petitioner

to implead the Local Level Monitoring Committee under the Act, 2008 within a

period of one week. I do not think petitioner has taken steps to implead the

Local Level Monitoring Committee. Anyhow almost 5 years have elapsed since

the filing of the writ petition and it was remaining without securing any interim

orders.

4. Therefore, after having heard Sri.Ananthu Sathish, representing the

learned counsel for petitioner on record Sri. C.S.Manu, the writ petition is

disposed of, directing the 2nd respondent i.e., the Secretary of the Punnapppra

Grama Panchayat, to take up Exhibit.P5 representation submitted for and on

behalf of the petitioner, and consider the same in accordance with law, as if a

representation submitted by the petitioner, at the earliest possible time and at

any rate within one month from the date of receipt of a copy of this judgment,

after providing notice of hearing to the petitioner. I also make it clear that if

already the issue raised in this writ petition was sorted out and tax was

accepted, under no circumstances the proceedings shall be re-opened and the

directions contained above accordingly would stand vacated.

Sd/-

                                                SHAJI P.CHALY

smv                                                  JUDGE



                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE OWNERSHIP CERTIFICATE
                     DATED 28/12/09 ISSUED BY THE 1ST RESPONDENT
                     TO THE PETITIONER.

EXHIBIT P1(A)        TRUE COPY OF THE BUILDING TAX RECEIPT DATED
                     19/02/2014 FOR THE YEAR 2013 - 14 ISSUED BY
                     THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P2           TRUE COPY OF THE LETTER BEARING NO. A-
                     3469/2016 DATED 09/08/2016 ISSUED BY THE
                     2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P3           TRUE COPY OF THE GOVERNMENT ORDER BEARING
                     NO.C1048118/13 DATED 26/08/2014.

EXHIBIT P4           TRUE COPY OF THE STAY ORDER IN WPC NO.13075
                     OF 2016 DATED 21/10/2016 PASSED BY THIS
                     HON'BLE COURT.

EXHIBIT P5           TRUE COPY OF THE LAWYER NOTICE DATED
                     23/08/2016 ISSUED BY THE PETITIONER'S
                     COUNSEL TO THE RESPODENTS.