Kerala High Court
Treesa George vs State Of Kerala on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13160 OF 2017
PETITIONER/S:
TREESA GEORGE
AGED 52 YEARS
NAMBYATTUKUDI HOUSE, RAYONPURAM P.O.,
VALLOM, PERUMBAVOOR.683 543.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.K.R.RAJENDRAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM.695 001.
2 KOOVAPPADY GRAMA PANCHAYAT
KOOVAPPADY P.O.-683 544,
REPRESENTED BY ITS SECRETARY.
3 SECRETARY
KOOVAPPADY GRAMA PANCHAYAT,
KOOVAPPADY P.O., 683 544.
OTHER PRESENT:
GP M.M. JASMINE
SC-R RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, ALONG WITH WP(C).13200/2017, 24074/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13200 OF 2017
PETITIONER/S:
N.P.GEORGE
AGED 63 YEARS
NAMBYATTUKUDI HOUSE, RAYONPURAM P.O.,
VALLOM, PERUMBAVOOR-683543.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.K.R.RAJENDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KOOVAPADY GRAMA PANCHAYATH
KOOVAPADY P.O - 683 544,
REPRESENTED BY ITS SECRETARY.
3 SECRETARY
KOOVAPADY GRAMA PANCHAYATH.
GP M.M. JASMINE
SC-R RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, ALONG WITH WP(C).13160/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 24074 OF 2017
PETITIONER/S:
TREESA GEORGE
AGED 52 YEARS
NAMBYATTUKUDI HOUSE, RAYON PURAM P.O.,
VALLOM,PERUMBAVOOR-683543.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI.K.R.RAJENDRAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KOOVAPPADY GRAMA PANCHAYATH
KOOVAPPADY P.O.-683544,
REPRESENTED BY ITS SECRETARY.
GP M.M. JASMINE
SC-R RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, ALONG WITH WP(C).13160/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 24195 OF 2017
PETITIONER/S:
TREESA GEORGE
AGED 52 YEARS
NAMBYATTUKUDI HOUSE, RAYON PURAM P.O.,
VALLOM, PERUMBAVOOR - 683 543.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI.K.R.RAJENDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,LOCAL SELF GOVERNMENT
DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KOOVAPPADY GRAMA PANCHAYATH
KOOVAPPADY P.O.- 683 544,
REPRESENTED BY ITS SECRETARY.
GP-M.M. JASMINE
SC-R RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, ALONG WITH WP(C).13160/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
5
BECHU KURIAN THOMAS, J.
============ ============
W.P.(C) Nos. 13160, 13200,
24074, and 24195 of 2017
=========================
Dated this the 18th day of May, 2022
JUDGMENT
The learned Counsel for the petitioners have filed I.A
No. 1 of 2022 seeking permission to close these writ
petitions.
Permission is granted. Accordingly, the writ petitions
are closed, reserving the liberty of the petitioners to
pursue fresh writ petitions as and when the cause of
action arises afresh.
Sd/-
BECHU KURIAN THOMAS
JUDGE
LU
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
APPENDIX OF WP(C) 13160/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED DATED
15.04.2002 EXECUTED IN FAVOUR OF THE
PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 08.04.2016 SHOWING THE PAYMENT
OF TAX IN RESPECT OF SY.NO.370/12-2.
EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED
01.03.2008 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2001-02 TO 2007-08.
EXHIBIT P3(A) THE TRUE COPY OF THE RECEIPT DATED
28.03.2009 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2008-09.
EXHIBIT P3(B) THE TRUE COPY OF THE RECEIPT DATED
21.10.2009 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2009-10.
EXHIBIT P3(C) THE TRUE COPY OF THE RECEIPT DATED
10.03.2011 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2010-11.
EXHIBIT P3(D) THE TRUE COPY OF THE RECEIPT DATED
12.03.2012 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2011-12.
EXHIBIT P3(E) THE TRUE COPY OF THE RECEIPT DATED
05.03.2013 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2012-13.
EXHIBIT P3(F) THE TRUE COPY OF THE RECEIPT DATED NIL
SHOWING THE PAYMENT OF TAX IN RESPECT
OF BUILDING NO.VIII/982A, FOR THE
PERIOD 2013-14.
EXHIBIT P3(G) THE TRUE COPY OF THE RECEIPT DATED
13.11.2014 SHOWING THE PAYMENT OF TAX
IN RESPECT OF BUILDING NO.VIII/982A,
FOR THE PERIOD 2014-15.
EXHIBIT P4 THE TRUE COPY OF THE BUILDING TAX
RETURN DATED 19.10.2013 SUBMITTED BY
THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
23.03.2015 ISSUED BY THE 3RD
RESPONDENT IN RESPECT OF TEMPORARY
SHED CONSTRUCTED IN RE-SY.NO.370/12-2.
EXHIBIT P6 THE TRUE COPY OF THE RECOVERY NOTICE
DATED 01.03.2016 ISSUED BY THE 3RD
RESPONDENT IN RESPECT OF RE-SY.
NO.370/12-2.
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
APPENDIX OF WP(C) 13200/2017
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE RECEIPT DATED
21/04/2016 EVIDENCING THE PAYMENT OF
LAND TAX FOR THE YEAR 2016-17
EXHIBIT-P2 TRUE COPY OF THE RECEIPT DATED
21/10/2009 AND 12/03/2012 EVIDENING
PAYMENT OF PROEPRTY TAX ON VII/969R
FOR THE YEARS 2009-10 AND 2011-12
EXHIBIT-P3 TRUE COPY OF THE RECEIPT DATED
05/03/2013 EVIDENCING PAYMENT OF
PROPERTY TAX ON VII/969R FOR THE YEAR
2012-13
EXHIBIT-P4 TRUE COPY OF THE RECEIPT DATED
03/11/2015 EVIDENCING PAYMENT OF
PROPERTY TAX ON 19/647 FOR THE YEARS
2013-14 AND 2014-15
EXHIBIT-P5 TRUE COPY OF THE RECEIPT DATED
03/11/2015 AND 29/09/2016 EVIDENING
PAYMENT OF PROEPRTY TAX ON 19/647 FOR
THE YEARS 2015-16 AND 2016-17
EXHIBIT-P6 TRUE COPY OF THE BUILDING TAX RETURN
DATED 19/10/2013 SUBMITTED BY THE
PETITIONER
EXHIBIT-P7 TRUE COPY OF THE ORDER AND
ACCOMPANYING DEMAND NOTICE DATE
23/03/2015 ISSUED BY THE 3RD
RESPONDENT IN RESPECT OF TEMPORARY
SHED CONSTRUCTED IN RE-SY NO. 374/2-1
EXHIBIT-P8 TRUE COPY OF THE RECOVERY NOTICE
DATED 10/03/2016 ISSUED BY THE 3RD
RESPONDENT IN RESPECT OF RE-S6 NO.
374/2-1
EXHIBIT-P9 TRUE COPY OF THE REPLY (WITHOUT
ANNEXURE) DATED 22/06/2016 SUBMITTED
BY THE PETITIONER TO THE PRESIDENT,
KOOVAPPADY GRAMA PANCHAYAYATH
EXHIBIT-P10 TRUE COPY OF THE LETTER DATED
21/03/2016 SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
APPENDIX OF WP(C) 24074/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED
8517/1/06 DATED 07-11-2006 EXECUTED IN
FAVOR OF THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE RECEIPT DATED 22-
04-2016 EVIDENCING THE PAYMENT OF LAND
TAX BY THE PETITIONER FOR THE YEAR
2016-17.
EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED 31-
05-2010 EVIDENCING THE PAYMENT OF
PROPERTY TAX FOR THE YEAR 2010-11,
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P3(A) THE TRUE COPY OF THE RECEIPT DATED 12-
03-2012 EVIDENCING THE PAYMENT OF THE
PROPERTY TAX FOR THE YEAR 2011-12,
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P3(B) THE TRUE COPY OF THE RECEIPT DATED 05-
03-2013 EVIDENCING THE PAYMENT OF THE
PROPERTY TAX FOR THE YEAR 2012-13,
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P3(C) THE TRUE COPY OF THE RECEIPT DATED 13-
11-2014 EVIDENCING THE PAYMENT OF THE
PROPERTY TAX FOR THE YEAR 2014-15,
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE PROPERTY TAX
RETURN DATED 19-10-2013 SUBMITTED BY
THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE TEMPORARY ORDER
FOR DEMOLITION DATED 23-03-2015 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED
23-03-2015 ISSUED BY THE 2ND
RESPONDENT PURSUANT TO EXT. P5 ORDER.
EXHIBIT P7 THE TRUE COPY OF THE DEMAND NOTICE
DATED 15-06-2015 ISSUED BY THE OFFICE
OF THE 2ND RESPONDENT FOR REALISING
THE PROPERTY TAX ARREARS FROM 2011-12
TO 2014-15.
EXHIBIT P8 THE TRUE COPY OF THE DEMAND NOTICE
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
DATED 08-06-2017 ISSUED BY THE OFFICE
OF THE 2ND RESPONDENT FOR REALISING
THE PROPERTY TAX ARREARS FROM 2015-16
TO 2016-17.
EXHIBIT P9 THE TRUE COPY OF THE LETTER (WITHOUT
ANNEXURES) DATED 22-06-2016 SUBMITTED
BY THE PETITIONER TO THE PRESIDENT,
KOOVAPPADY GRAMA PANCHAYAT.
W.P.(C) Nos. 13160, 13200, 24074, and 24195 of 2017
APPENDIX OF WP(C) 24195/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED
962/1/2006 DATED 06.02.2006 EXECUTED
IN FAVOUR OF THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE RECEIPT DATED
21.04.2016 EVIDENCING THE PAYMENT OF
LAND TAX BY THE PETITIONER FOR THE
YEAR 2016-17.
EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED
13.11.2014 EVIDENCING THE PAYMENT OF
PROPERTY TAX FOR THE YEAR 2014-15,
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE PROPERTY TAX
RETURN DATED 19.10.2013 SUBMITTED BY
THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE TEMPORARY ORDER
FOR DEMOLITION DATED 23.03.2015 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE DEMAND NOTICE
DATED 23.03.2015 ISSUED BY THE 2ND
RESPONDENT PURSUANT TO EXT. P5 ORDER.
EXHIBIT P7 THE TRUE COPY OF THE DEMAND NOTICE
DATED 15.06.2015 ISSUED BY THE OFFICE
OF THE 2ND RESPONDENT FOR REALISING
THE PROPERTY TAX ARREARS FROM 2011-12
TO 2014-15.
EXHIBIT P8 THE TRUE COPY OF THE DEMAND NOTICE
DATED 08.06.2017 ISSUED BY THE OFFICE
OF THE 2ND RESPONDENT FOR REALISING
THE PROPERTY TAX ARREARS FROM 2015-16
TO 2016-17.
EXHIBIT P9 THE TRUE COPY OF THE LETTER (WITHOUT
ANNEXURES) DATED 22.06.2016 SUBMITTED
BY THE PETITIONER TO THE PRESIDENT,
KOOVAPPADY GRAMA PANCHAYAT.
// True Copy // PA To Judge
