Kerala High Court
Vaheeda vs The Mannarkkad Municipality on 11 April, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.15081/2024 1/3 Order Date : 11-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 15081 OF 2024
PETITIONER:
VAHEEDA, AGED 51 YEARS, W/O. RASHEED, PARAKKAL HOUSE, KODATHIPADI,
MANNARKKAD-I, PALAKKAD DISTRICT, PIN-678582
RESPONDENTS:
1. THE MANNARKKAD MUNICIPALITY, NATIONAL HIGH WAY 213, MANNARKKAD - I,
PALAKKAD DISTRICT, REPRESENTED BY SECRETARY, PIN-678582
2. THE SECRETARY, MANNARKKAD MUNICIPALITY, NATIONAL HIGH WAY 213,
MANNARKKAD - I, PALAKKAD DISTRICT, PIN-678582
3. THE CHAIRMAN, MANNARKKAD MUNICIPALITY, NATIONAL HIGHWAY 213,
MANNARKKAD - I, PALAKKAD DISTRICT, PIN-678582
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 stay the operation of Exhibit P7 notice and be further pleased
to direct the 2 nd respondent to provisionally accept property tax at the
revised rate without interest/penal interest on being tendered by the writ
petitioner for the years from the 2nd half of 2020 - 2021 onwards in
respect of the building mentioned in Exhibit P7 notice, 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. VINOD MADHAVAN, M.V.BOSE & SANIYA C.V., Advocates for the petitioner,
the court passed the following:
WP(C) No.15081/2024 2/3 Order Date : 11-04-2024
DINESH KUMAR SINGH, J.
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W.P (C.) No.15081 of 2024
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Dated this the 11th day of April, 2024
ORDER
Admit. Sri.P.R Venkatesh, learned Standing Counsel takes notice
for respondents. Respondents shall place on record their counter
affidavit/statement.
2. On oral prayer of the learned counsel for the petitioner, the
learned counsel for the petitioner is permitted to move an application,
impleading the State Government as a party respondent.
3. Having considered the pleadings and materials on record and
taking note of the fact that this Court has passed interim orders in
identical matters, I am of the view that the petitioner is entitled to a
conditional interim order. Hence, I stay the operation of the impugned
orders, Ext.P7 Demand Notice, subject to the condition that the
petitioner pays property tax at the revised rate for the future years. It
is made clear that said payment would be subject to the result of the
writ petition.
Post along with W.P.(C) No.33931 of 2023 and connected cases .
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) No.15081/2024 3/3 Order Date : 11-04-2024
APPENDIX OF WP(C) 15081/2024
Exhibit P 1 A TRUE COPY OF THE RESOLUTION NO.17/17 DATED 16.09.2023
OF THE COUNCIL OF THE MUNICIPALITY WITH THE ENGLISH
TRANSLATION
Exhibit P 2 A TRUE COPY OF THE RESOLUTION NO.1/1 DATED 04.10.2023
OF THE COUNCIL OF THE MUNICIPALITY WITH THE ENGLISH
TRANSLATION
Exhibit P 3 A TRUE COPY OF THE ORDER NO. R1-10264/2023, DATED
02.11.2023 IN THE PROCEEDINGS OF THE SECRETARY OF THE
MANNARKKAD MUNICIPALITY WITH THE ENGLISH TRANSLATION
Exhibit P 4 A TRUE COPY OF THE JUDGMENT DATED 21.09.2023 PASSED BY
THE HON'BLE HIGH COURT OF KERALA IN W.P.(C). NO.
Exhibit P 5 A TRUE COPY OF THE ORDER DATED 25.03.2024 PASSED BY THE
HON'BLE HIGH COURT OF KERALA IN W.P.(C). NO. 12093/24
Exhibit P 6 A TRUE COPY OF RECEIPT, DATED 27.04.2023 ISSUED BY THE
MANNARKKAD MUNICIPALITY ON RECEIPT OF TAX UP TO THE 1
ST HALF OF 2023-24 FOR THE BUILDING OWNED BY THE WRIT
PETITIONER
Exhibit P 7 A TRUE COPY OF THE DEMAND NOTICE DATED 11.03.2024
ISSUED BY THE SECRETARY OF THE MANNARKKAD MUNICIPALITY
DEMANDING ARREARS OF TAX EVEN INCLUDING YEARS PRIOR TO
2020-21 FOR THE BUILDING OWNED BY THE WRIT PETITIONER
Exhibit P 8 A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P7
DEMAND NOTICE
