A.K. Sadikh vs Kochi Municipal Corporation
2022 Latest Caselaw 9980 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                        WP(C) NO. 34288 OF 2019
PETITIONER/S:

          A.K. SADIKH
          AGED 50 YEARS
          S/O KUNJU MOHAMMED,RESIDING AT ALUVAKKARAN
          HOUSE,KONATHUKUNNU.P.O, MANAKKAPADY,
          KODUNGALLUR,THRISSUR DISTRICT,
          PIN-680123.
          BY ADV K.I.SAGEER


RESPONDENT/S:

    1     KOCHI MUNICIPAL CORPORATION
          REPRESENTED BY ITS SECRETARY,SOUTHERN REGIONAL
          OFFICE,PALLURUTHY.P.O,
          KOCHI-682005.
    2     THE SECRETARY,
          KOCHI MUNICIPAL CORPORATION,SOUTHERN REGIONAL
          OFFICE,PALLURUTHY.P.O,
          KOCHI-682005.
          BY ADVS.
          SRI.SHIBU JOSEPH,SC, COCHIN CORPORATION
          SOBHAN GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34288 OF 2019             2



                                JUDGMENT

The petitioner has approached this Court, being aggrieved

by the demand of property tax in respect of the period prior to

the date of occupancy.

2. When this matter is taken up for consideration today, it

is the submission of the learned counsel appearing for the

respondent Corporation that a fresh demand notice for payment of

property tax has been made to the petitioner, for the period after

the date of occupancy.

3. Learned counsel appearing for the petitioner submits

that the petitioner may be given some time to pay off the demands

as per the fresh demand notice. It is submitted that the petitioner

may be permitted to pay property tax now demanded by the

Corporation in eight monthly intalments.

4. Learned counsel appearing for the respondent

Corporation has no objection in some time being granted to the

petitioner to pay the property tax, now demanded, in instalments.

5. Having heard the learned counsel for the petitioner and

the learned Standing Counsel for the respondent Corporation, this

writ petition is disposed of, permitting the petitioner to pay the

property tax, now demanded by the Corporation, in eight equated

monthly insalments, first of which shall be paid or or before

16.09.2022. The subsequent instalments shall be paid on or

before the 16th day of each succeeding months. The petitioner will

also discharge any current liability towards the property tax as

per the demand notices issued by the Corporation.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 34288/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT GRANTED BY THE 1ST RESPONDENT DATED-NIL EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED CALLING UPON THE PETITIONER TO PRODUCE A REVISED PLAN FOR REGULARIZATION DATED 6.1.2018 EXHIBIT P3 TRUE COPY OF THE COMMUNICATION FORM THE 1ST RESPONDENT TO THE TOWN PLANNER DATED 15.2.2019 EXHIBIT P4 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 24.7.2019. EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 18.11.2019.

EXHIBIT P6 TRUE COPY OF THE INERIM ORDER IN W.P(c)NO.1739/2018 ON THE FILE OF THIS HONOURABLE COURT,DATED 24.1.2018.