Poulose K.O vs Angamaly Municipality
2023 Latest Caselaw 10580 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WP(C) NO. 30034 OF 2023
PETITIONER:

          POULOSE K. O.,
          AGED 67 YEARS, S/O. OUSEPH, KARUMATHY HOUSE,
          NAYATHODE P. O., ANGAMALY., PIN - 683572.

          BY ADVS.
              SRI. P. K. IBRAHIM
              SMT. K. P. AMBIKA
              SMT. SREEJI K. B.


RESPONDENTS:

          ANGAMALY MUNICIPALITY,
          ANGAMALY MUNICIPAL OFFICE,
          ANGAMALY,PIN - 683572,
          REPRESENTED BY ITS SECRETARY.

          BY ADV.
             SRI. AJITH PRAKASH - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
       WP(C) NO. 30034 OF 2023

                                       2


                        DINESH KUMAR SINGH, J.
                            --------------------------
                        W.P.(C) No.30034 of 2023
                           -------------------------
               Dated this the 16th day of October, 2023

                                JUDGMENT

1. The petitioner has filed this writ petition impugning the

Exhibit P-9 notice requiring the petitioner to pay an amount of

Rs.4,50,450/- (Rupees Four lakh fifty thousand four hundred and

fifty only) towards arrears of property tax from 2013-14 to 2019-20

in respect of his building bearing No.XVI/213 UA situated in Ward 16

of Angamaly Municipality.

2. The Learned Counsel for the petitioner submits that no

property tax is due in respect of the building of the petitioner and

he has submitted his reply vide Exhibit P-12 representation.

However, no decision has been taken on the reply filed by the

petitioner till date.

3. Considering the aforesaid submission, the present writ

petition is disposed of with a direction to the respondent to pass

fresh order after considering Exhibit P-12 representation filed by

the petitioner. Incisive consideration to the representation should WP(C) NO. 30034 OF 2023

be given within a period of two weeks from today. Let petitioner

submit the order passed by the respondent. Petitioner may also

produce the relevant evidence regarding payment of tax for which

demand has been raised vide Exhibit P-9.

With the above directions this writ petition stands finally

disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 30034 OF 2023

APPENDIX OF WP(C) 30034/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 07.03.2003 ISSUED BY THE SECRETARY, ANGAMALY MUNICIPALITY

Exhibit P2 TRUE COPY OF THE LICENSE DATED 24.06.2003 ISSUED BY THE RESPONDENT MUNICIPALITY

Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 31.03.2021 ISSUED BY THE RESPONDENT CERTIFYING THAT THE BUILDING BEARING NO.XVI/213 IS THE BUILDING WHICH HAD ITS OLD NUMBER AS XIV/189A

Exhibit-P4 TRUE COPY OF THE CERTIFICATED 03.04.2021 ISSUED BY THE AGRICULTURAL FIELD OFFICER, KRISHIBHAVAN

Exhibit-P5 TRUE COPY OF THE NOTICE DATED 17.03.2021 ISSUED BY THE RESPONDENT

Exhibit-P6 TRUE COPY OF THE SUBMISSION DATED 16.04.2021 MADE IN REPLY TO THE NOTICE DATED 17.03.2021

Exhibit-P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.14164 OF 2021 DATED 16.07.2021

Exhibit-P8 TRUE COPY OF THE ORDER OF THE ASSISTANT ENGINEER OF THE ANGAMALY MUNICIPALITY DATED NIL

Exhibit-P9 TRUE COPY OF THE NOTICE DATED 11.07.2023

Exhibit-P10 TRUE COPY OF THE TAX RECEIPT DATED 24.2.2014 PAID FOR THE PERIOD FROM 2013-

Exhibit-P10(a) TRUE COPY OF THE TAX RECEIPT DATED 19.2.2015 PAID FOR THE PERIOD FROM 2014-

WP(C) NO. 30034 OF 2023

Exhibit-P10(b) TRUE COPY OF THE TAX RECEIPT DATED 16.2.2016 PAID FOR THE PERIOD FROM 2015-

Exhibit-P10(c) TRUE COPY OF THE TAX RECEIPT DATED 10.2.2017 PAID FOR THE PERIOD FROM 2016-

Exhibit-P10(d) TRUE COPY OF THE TAX RECEIPT DATED 8.2.2018 PAID FOR THE PERIOD FROM 2017-

Exhibit-P11 TRUE COPY OF THE TAX RECEIPT DATED 27.9.2018 PAID ON REVISION OF TAX FOR THE PERIOD FROM 2013-2014 TO 2018-2019

Exhibit-P12 TRUE COPY OF THE REPRESENTATION DATED 18.7.2023 SUBMITTED BEFORE THE RESPONDENT