Corporation Of Cochin vs Corporation Of Cochin
2021 Latest Caselaw 9893 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

              RP.No.185 OF 2021 IN WP(C). 12548/2013

   AGAINST THE JUDGMENT IN WP(C) 12548/2013(P) DATED 02.12.2019


REVIEW PETITIONER/1ST RESPONDENT:

             CORPORATION OF COCHIN
             REPRESENTED BY ITS SECRETARY,
             OFFICE OF THE CORPORATION OF COCHIN,
             KOCHI-682011.

             BY ADV. SRI.K.ANAND


RESPONDENTS/PETITIONER AND 2ND RESPONDENT:

      1      JOJI JACOB
             15 A4, KENT GLASS HOUSE,
             VYTTILA, KOCHI-682019.

      2      STATE OF KERALA
             REPRESENTED BY THE SECRETARY,
             LOCAL SELF GOVERNMENT DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.

             SRI.MATHEW GEORGE VADAKKEL-SR.GP

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 24.03.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP 185/21
                                      2




                                    ORDER

The Corporation of Kochi has filed this

petition seeking review of the judgment, dated

02.12.2019 in W.P.(C)No.12548/2013, primarily

asserting that when submissions were made

before this Court at the time of delivering

the said judgment, Annexures 1 to 4 Government

Orders, produced along with this Review

Petition, had not been brought to the notice

of this Court.

2. Smt. Nisha John - learned counsel for

the writ petitioner/respondents, submitted

that the Government Orders now relied upon by

the Corporation have been impugned in

W.P(C)No.7398/2021 and connected matters,

which is pending before another Bench of this

Court. She, therefore, prayed that if this

Court is inclined to allow this Review

Petition, then the Writ Petition may be listed RP 185/21

along with the aforementioned cases.

3. When I consider the afore submissions,

it is without doubt that the judgment in

question had been delivered solely based on

the averments of the Corporation in their

counter affidavit, that 'revision of the

property tax based on the plinth area has

already been initiated by them'. However, this

is explained by Sri.K.Anand, their learned

Standing Counsel, that this was only a general

statement; and in any event, such exercise is

interdicted on account of the Government

Orders now produced on record.

Taking note of the afore submissions, I

allow this Review Petition and recall the

judgment dated 02.12.2019 in

W.P(C)No.12548/2013; and direct the Registry

to list the Writ Petition along with

W.P(C)No.7398/2021 and connected matters.

Needless to say, all contentions of the RP 185/21

rival parties are left open to be pursued by

them when the Writ Petition is considered.

Sd/-

DEVAN RAMACHANDRAN RR JUDGE RP 185/21

APPENDIX OF RP 185/2021 PETITIONER'S/S EXHIBITS:

ANNEXURE-1 TRUE COPY OF THE GO(MS) NO.371/13/LSGD DATED 02.12.2013.

ANNEXURE-2 TRUE COPY OF THE COMMUNICATION DATED 17/06/2014 ISSUED FROM THE CORPORATION OF KOCHI TO THE THEN "MINISTER OF URBAN AFFAIRS".

ANNEXURE-3 TRUE COPY OF THE GO(MS) NO.

33/15/LSGD DATED 18/2/2015.

ANNEXURE-4 TRUE COPY OF THE GO(ORD) NO.

540/2019/LSGD DATED 06.03.2019.

ANNEXURE-5 TRUE COPY OF THE ORDER NO.KPR3-

3163/2013 DATED 15.01.2021 ISSUED BY THE CORPORATION.