Kerala High Court
K.G. Varghese vs The Secretary, Kayamkulam ... on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 11357 OF 2015
PETITIONER:
K.G. VARGHESE
SANTHOSH BHAVAN,
TEXMO AGENCIES,
KAYAMKULAM.
BY ADVS.SRI.K.SHAJ
SMT.ANJU MOHAN
SRI.RENJITH.R.NAIR
SRI.RENJIT GEORGE
SRI.SAJJU.S
SRI.S.K.SUJITH KRISHNA
SRI.S.VISHNU ARIKKATTIL
RESPONDENTS:
1 THE SECRETARY, KAYAMKULAM MUNICIPALITY
MUNICIPAL OFFICE,
KAYAMKULAM - 690 502
2 KAYAMKULAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY - 690 502
BY ADV. RAJAN T. R., STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) No. 11357/2015
2
JUDGMENT
This writ petition is filed by the petitioner seeking
the following reliefs:-
"A. To issue a writ of certiorari quashing Exts. P3 to
P3(e) and Exts. P4 to P4(e) demand notices
issued by the first respondent.
B. to issue a writ of mandamus or any other
appropriate writ order or direction directing the
first respondent to reconsider Ext.P6 and P8
petitions on merits."
2. The short facts required for disposal of the
writ petition are as follows:-
The petitioner is aggrieved by Exts. P3, P3(a) to
P3(e) demand notices raised by the Kayamkulam
Municipality and Exts. P4, P4(a) to P4(e) demand
notices under Rule 14(1) of the Kerala Municipality
(Property Tax, Service Tax and Surcharge) Rules,
2011 for the Financial Years 2009-10 to 2014-15 for
an amount of Rs.1,87,295/- and Rs.9,689/- for each
financial year. Being aggrieved, petitioner had
submitted Exts.P6 and P8 representations.
W.P.(C.) No. 11357/2015
However, no action was taken which persuaded the
petitioner to file this writ petition.
3. When this writ petition was admitted to the
files of this Court on 09.04.2015, an interim stay of
the demands raised was granted on condition that
the petitioner remits 50% of the tax demanded as
per the demand notices within one month.
Anyhow, in the said interim order, the Municipality
was also directed to consider Exts.P6 and P8
representations and pass appropriate orders, as
expeditiously as possible.
4. Since the writ petition is pending before
this Court for the past seven years, I think it is only
appropriate that the writ petition is disposed of with
suitable directions.
5. Therefore, after perusing the pleadings
and documents on record and hearing the learned
W.P.(C.) No. 11357/2015
counsel for the Municipality, Sri. T.R. Rajan, this writ
petition is disposed of directing the
Municipality/Secretary to consider Exts. P6 and P8
representations submitted by the petitioner against
the demands raised, at the earliest, at any rate,
within two months from the date of receipt of a
copy of this judgment, after providing notice of
hearing to the petitioner. However, I make it clear
that, if already orders are passed on Exts.P6 and
P8, the direction so issued need not be complied
with, but the liberty of the petitioner to challenge
the orders already passed is left open.
The writ petition is disposed of as above.
Sd/-
SHAJI P. CHALY
JUDGE
DCS/01.07.2022
W.P.(C.) No. 11357/2015
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE DEMAND NOTICE NO.R2/1452/15
DATED 02.03.15 TO THE BUILDING
NO.UA/24/398/1 AND ITS ENGLISH
TRANSLATION.
Exhibit P1(A) COPY OF THE DEMAND NOTICE NO.R2/1452/15
DATED 02.03.15 TO THE BUILDING
NO.UA/24/398/2 AND ITS ENGLISH
TRANSLATION.
Exhibit P2 COPY OF THE REPRESENTATION DATED
16.03.15 PREFERRED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
Exhibit P3 COPY OF THE DEMAND NOTICE NO.112 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/1
FOR THE FINANCIAL YEAR 2009-2010 AND
ITS ENGLISH TRANSLATION.
Exhibit P3(A) COPY OF THE DEMAND NOTICE NO.113 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/1
FOR THE FINANCIAL YEAR 2010-2011 AND
ITS ENGLISH TRANSLATION.
Exhibit P3(B) COPY OF THE DEMAND NOTICE NO.114 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/1
FOR THE FINANCIAL YEAR 2011-2012 AND
ITS ENGLISH TRANSLATION.
Exhibit P3(C) COPY OF THE DEMAND NOTICE NO.115 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/1
FOR THE FINANCIAL YEAR 2012-2013 AND
ITS ENGLISH TRANSLATION.
Exhibit P3(D) COPY OF THE DEMAND NOTICE NO.116 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/1
FOR THE FINANCIAL YEAR 2013-2014 AND
ITS ENGLISH TRANSLATION.
W.P.(C.) No. 11357/2015
Exhibit P3(E) COPY OF THE DEMAND NOTICE NO.117 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/1
FOR THE FINANCIAL YEAR 2014-2015 AND
ITS ENGLISH TRANSLATION.
Exhibit P4 COPY OF THE DEMAND NOTICE NO.118 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/2
FOR THE FINANCIAL YEAR 2009-2010 AND
ITS ENGLISH TRANSLATION.
Exhibit P4(A) COPY OF THE DEMAND NOTICE NO.119 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/2
FOR THE FINANCIAL YEAR 2010-2011 AND
ITS ENGLISH TRANSLATION.
Exhibit P4(B) COPY OF THE DEMAND NOTICE NO.120 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/2
FOR THE FINANCIAL YEAR 2011-2012 AND
ITS ENGLISH TRANSLATION.
Exhibit P4(C) COPY OF THE DEMAND NOTICE NO.121 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/2
FOR THE FINANCIAL YEAR 2012-2013 AND
ITS ENGLISH TRANSLATION.
Exhibit P4(D) COPY OF THE DEMAND NOTICE NO.122 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/2
FOR THE FINANCIAL YEAR 2013-2014 AND
ITS ENGLISH TRANSLATION.
Exhibit P4(E) COPY OF THE DEMAND NOTICE NO.123 DATED
17.03.15 TO THE BUILDING NO.UA/24/398/2
FOR THE FINANCIAL YEAR 2014-2015 AND
ITS ENGLISH TRANSLATION.
Exhibit P5 COPY OF THE GOVERNMENT ORDER NO.17/11
DATED 14.01.11 AND ITS ENGLISH
TRANSLATION.
Exhibit P6 COPY OF THE PETITION DATED 23.03.15
PREFERRED BEFORE THE FIRST RESPONDENT
AND ITS ENGLISH TRANSLATION.
Exhibit P7 COPY OF THE RECEIPT NO.2626 DATED
W.P.(C.) No. 11357/2015
24.03.15 ISSUED FROM THE KAYAMKULAM
MUNICIPALITY.
Exhibit P8 COPY OF THE PETITION DATED 23.03.15 AND
ITS ENGLISH TRANSLATION PREFERRED
BEFORE THE FIRST RESPONDENT.
Exhibit P9 COPY OF THE RECEIPT NO.2628 DATED
24.03.15 ISSUED FROM THE KAYAMKULAM
MUNICIPALITY.
