Kerala High Court
P.M. Jose vs The Municipality Of Adoor on 9 August, 2023
WP(C) No.26240/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 9th day of August 2023 / 18th Sravana, 1945
WP(C) NO. 26240 OF 2023
PETITIONER:
P.M. JOSE, AGED 62 YEARS, S/O LATE MAMMEN, PLAMMOOTTIL VILLA,
KULANADA P.O, PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN-689503
RESPONDENTS:
1. THE MUNICIPALITY OF ADOOR, ADOOR P.O, PATHANAMTHITTA DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 689503
2. THE SECRETARY, THE MUNICIPALITY OF ADOOR, ADOOR P.O, PATHANAMTHITTA
DISTRICT, PIN - 689503
3. THE STANDING COMMITTEE FOR FINANCE, THE MUNICIPALITY OF ADOOR, ADOOR
P.O, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS CHAIRMAN,
PIN-689503
4. THE CHAIRPERSON, THE MUNICIPALITY OF ADOOR, ADOOR P.O,
PATHANAMTHITTA DISTRICT, PIN - 689503
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to 1. Stay further actions pursuant to Ext.P2 to Ext.P2(g) notices
till the consideration of Ext.P4 appeal and Ext.P5 interim application for
stay by respondents 3 and 4 in terms of Exhibit P6 judgment; 2. Direct the
2nd respondent to receive application for renewal of trade license/new
license of business concerns in the shopping complex of the petitioner
which are housed in portions other than un-authorized and process the same
in accordance with law, 3. Direct the 2nd respondent to accept the
property tax assessed against the building in question originally before
the assessment leading to Ext.p2 to Ext.p2(g) demand notices, pending
disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. MANU RAMACHANDRAN, M.KIRANLAL, R.RAJESH (VARKALA), SAMEER M NAIR,
SAILAKSHMI MENON & ABHISHEK JOHNSON, Advocates for the petitioner and of
SHRI. K.SHAJ, Advocate for the respondent, the court passed the following:
WP(C) No.26240/2023 2/3
N.NAGARESH, J.
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W.P.(C) No.26240 of 2023
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Dated this the 9th day of August, 2023
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ORDER
Admit. Standing Counsel takes notice for the
respondents.
2. The respondents to file counter affidavit.
Post immediately after completion of pleadings.
(sd/-) N.NAGARESH, JUDGE
jsr/
WP(C) No.26240/2023 3/3
APPENDIX OF WP(C) 26240/2023
Exhibit P2 THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2 (a) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2(b) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2(c) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2(d) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2(e) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2(f) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P2(g) THE TRUE COPY OF THE NOTICES VIDE NO.E2-10055/21 DATED
30.04.2022 IN RESPECT OF PETITIONER'S BUILDING NO. OLD
XV/523(3) TO XV/523(10) (NEW XX/695, 696, 697, 698,
699, 775, 776 AND 777) OF ADOOR MUNICIPALITY
Exhibit P4 THE TRUE COPY OF THE STATUTORY APPEAL FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P5 THE TRUE COPY OF THE STAY PETITION FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 13.06.2022 IN
W.P(C) NO.18643/2022 OF THIS HON'BLE COURT
