Ramesh vs The Mannarkkad Municipality
2024 Latest Caselaw 10412 Ker

Kerala High Court

Ramesh vs The Mannarkkad Municipality on 11 April, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.15124/2024                        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. 15124 OF 2024
   PETITIONER:

          RAMESH, AGED 52 YEARS, S/O.T.UNNIKRISHNAN NAIR, POORNIMA,
          NAYADIKUNNU, PERIMBADARI, MANNARKKAD-I, PALAKKAD DISTRICT,
          PIN-678762

   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 Exhibits P8 and P9 notices and be further
   pleased to direct the 2nd 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 rooms mentioned in Exhibits P8 and P9 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. VINOD MADHAVAN, M.V.BOSE & SANIYA C.V., Advocates for the petitioner,
   the court passed the following:
 WP(C) No.15124/2024                     2/3                        Order Date : 11-04-2024


                          DINESH KUMAR SINGH, J.
                          ------------------------------------
                          W.P (C.) No.15124 of 2024
                          ------------------------------------
                      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, Exts.P8 and P9 Demand Notices, 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.15124/2024 3/3 Order Date : 11-04-2024

APPENDIX OF WP(C) 15124/2024 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 RECEIPTS, DATED 02.03.2022 ISSUED BY THE MANNARKKAD MUNICIPALITY ON RECEIPT OF TAX UP TO THE 2 ND HALF OF 2021-22 FOR THE 4 ROOMS OWNED BY THE WRIT PETITIONER Exhibit P 7 A TRUE COPY OF RECEIPTS, DATED 23.03.2023 ISSUED BY THE MANNARKKAD MUNICIPALITY ON RECEIPT OF TAX UP TO THE 2 ND HALF OF 2022- 23 FOR THE 2 ROOMS OWNED BY THE WRIT PETITIONER Exhibit P 8 A TRUE COPY OF THE DEMAND NOTICE DATED 30.07.2023 ISSUED BY THE SECRETARY OF THE MANNARKKAD MUNICIPALITY DEMANDING ARREARS OF TAX EVEN INCLUDING YEARS PRIOR TO 2020-21 FOR THE ROOM NO.417 OWNED BY THE WRIT PETITIONER Exhibit P 9 A TRUE COPY OF THE DEMAND NOTICE DATED 20.02.2024 ISSUED BY THE SECRETARY OF THE MANNARKKAD MUNICIPALITY DEMANDING ARREARS OF TAX EVEN INCLUDING YEARS PRIOR TO 2020-21 FOR THE '5' ROOMS OWNED BY THE WRIT PETITIONER Exhibit P 10 A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P8 DEMAND NOTICE Exhibit P 11 A TRUE COPY OF THE ENGLISH TRANSLATION OF THE IDENTICAL VERNACULAR CONTENTS IN EXHIBITS P9 DEMAND NOTICES