Tom Mathew vs Kannur Municipal Corporation
2022 Latest Caselaw 7727 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 15616 OF 2022
PETITIONER:

            TOM MATHEW,
            AGED 44 YEARS,
            SON OF THOMAS MATHEW, PP 1/71, POKIKUNDU,
            PALLIKKUNNU, KANNUR DISTRICT- 670 004.

            BY ADVS.
            P.B.SAHASRANAMAN
            T.S.HARIKUMAR
            G.N.DEEPA



RESPONDENTS:

    1       KANNUR MUNICIPAL CORPORATION
            PALLIKKUNNU ZONAL OFFICE, PALLOKKUNNU .P.O.
            KANNUR-670 004. REPRESENTED BY ITS SECRETARY.

    2       KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
            REPRESENTED BY ITS SECRETARY, THAMPANOOR, KSRTC
            BUILDING 4TH FLOOR, OVERBRIDGE, THAMPANOOR,
            THIRUVANANTHAPURAM- 695 001.

            BY ADVS.
            SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL CORPORATION
            SRI.M.P.PRAKASH, SC, KCZMA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15616 OF 2022

                               2



                          JUDGMENT

The petitioner has approached this Court challenging

Exts.P2 and P3. Ext.P2 is a provisional order issued under

Sections 406(1)(2) & 395(1)(2) of Kerala Municipalities Act,

1994 which also calls upon the petitioner to show cause as

to why action should not be taken against him for certain

unauthorised constructions. It also points out that the

petitioner had effected certain constructions without CRZ

clearance. Ext.P3 is a demand for payment of property tax

at rates applicable to unauthorised constructions.

2. Learned Counsel appearing for the petitioner

submits that the notices issued to the petitioner are

absolutely illegal and unsustainable in law. It is submitted

that the building in respect of which Ext.P2 notice is issued

is a building that has been in existence for ever so many

years and same has now converted the same for use as a

resort. It is submitted that the petitioner is paying tax at the

commercial rates in respect of the building and therefore, it

cannot be a subject matter of Exts.P2 and P3.

3. Learned Standing Counsel for the Municipality WP(C) NO. 15616 OF 2022

submits that the writ petition is pre-mature. It is also

submitted that Ext.P2 is only a provisional order / show

cause notice. It is submitted that any reply submitted by the

petitioner will be duly and properly considered after

affording the petitioner an opportunity of being heard.

4. The learned counsel appearing for the petitioner

would submit in reply that the area in question is now part of

the Kannur Municipality and the plot is on the landward side

of an existing road and therefore constructions even if made

are not prohibited under the CRZ notification. It is submitted

that there are many other constructions which had been

permitted on the landward side of the existing road and the

petitioner has alone been picked up for the purposes of

harassment.

5. Having heard learned counsel for the petitioner,

learned Standing Counsel appearing for the Municipality and

the Kerala Coastal Zone Management authority, I am of the

opinion that this writ petition can be disposed of directing

the Secretary of the Kannur Municipality to adjudicate Ext.P2

notice issued to the petitioner after affording to the

petitioner an opportunity of hearing and after permitting the WP(C) NO. 15616 OF 2022

petitioner to produce such documents as may be necessary

to substantiate his stand. The petitioner will also be

permitted to file an objection to the demand raised in Ext.P3.

Till such time as the matter is decided, the demand in Ext.P3

shall not be enforced on condition that petitioner pays 1/3rd

of the amount demanded in Ext.P3. The amount so paid by

the petitioner will be provisional and subject to final

adjudication of the demand.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE

DK WP(C) NO. 15616 OF 2022

APPENDIX OF WP(C) 15616/2022

PETITIONER EXHIBITS

Exhibit.P.1 TRUE COPY OF THE LATEST PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 02-05-2022

Exhibit.P.2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT ALONG WITH THE PROVISIONAL ORDER DATED 13-08-2021

Exhibit.P.3 TRUE COPY OF THE DEMAND NOTICE DATED 21-04-2022 ISSUED BY THE 1ST RESPONDENT

RESPONDENT EXHIBITS

Annexure - R1(a) A TRUE COPY OF THE INTIMATION LETTER DATED 06.11.2021 ISSUED TO THE PETITIONER