G.Venketeswari vs Corporation Of Cochin
2022 Latest Caselaw 6887 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 16267 OF 2012
PETITIONER:

          G.VENKETESWARI
          AGED 38 YEARS
          W/O.S.J.GOPAL, RESIDING AT H/NO.42/395, MARIYATH LANE,
          CHITTOOR ROAD, KOCHI - 682 012.
          BY ADVS.
          SRI.T.K.SASINDRAN
          SRI.RENJIT GEORGE


RESPONDENTS:

    1     CORPORATION OF COCHIN
          ERNAKULAM, KOCHI 682 011, REPRESENTED BY ITS SECRETARY.
    2     THE SECRETARY
          CORPORATION OF COCHIN, ERNAKULAM, KOCHI 682 011.
    3     THE ADDITIONAL SECRETARY
          OFFICE OF THE CORPORATION OF COCHIN,
          ERNAKULAM, KOCHI 682 011.
          BY ADVS.
          SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION
          SRI.C.N.PRABHAKARAN, SC
          SRI.JIBU P.THOMAS, SC, COCHIN CORPORATION



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16267 OF 2012
                                 2



               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 16267 of 2012
      ----------------------------------------------
       Dated this the 14th day of June, 2022

                       JUDGMENT

The above writ petition is filed with the following prayers:

"(a) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction directing the Respondents to accept tax for three years with respect to Room Nos.CC41/2710 and CC41/2711 in Survey No.134/2 strictly in accordance with the provisions of Sec.539(1) and (2) of the Kerala Municipality Act.

(b) Declare that the demand made as per Ext.P3 demand notice is illegal.

(c) Issue any order which this Hon'ble Court may deem fit in the facts and circumstances of the case."[SIC]

2. When this writ petition came up for

consideration on 24.07.2012, this Court admitted the

writ petition and granted the interim relief as prayed for.

The interim relief prayed is to issue direction to the

respondent for issuing certificate of ownership to the

petitioner with respect to Room Nos.CC 41/2710 and CC WP(C) NO. 16267 OF 2012

41/2711 in Survey No.134/2 by accepting tax for a

period of three years as per Sec.539(1) and (2) of the

Kerala Municipality Act. That is the main prayer in the

writ petition. In such circumstances, nothing survives in

this writ petition. Making the above interim order

absolute, this writ petition can be disposed of.

Therefore, this writ petition is disposed of, making

the interim order dated 24.07.2012 absolute.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 16267 OF 2012

APPENDIX OF WP(C) 16267/2012

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C)3881/2012 DATED 6.3.2012. EXHIBIT P2 TRUE COPY OF THE ENQUIRY RECEIPT DATED 16.4.2012.

EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE NOS.19439 & 19440 DATED 8.4.2012. EXHIBIT P4 TRUE COPY OF THE INTIMATION DATED 16.5.2012.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE