Kerala High Court
C. Muhammed vs The Mannarkkad Municipality on 3 April, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.13646/2024 1/3 Order Date : 03-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(C) NO. 13646 OF 2024
PETITIONER:
C. MUHAMMED, AGED 72 YEARS, S/O. KUNHAPPA, CHAKARATHODI HOUSE,
MANALADI, MANNARKKAD P.O., MANNARKKAD-II, 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 notices and be further pleased
to direct the 2 nd respondent to provisionally accept property tax at the
revised rates without interest/penal interest on being tendered by the
writ petitioner for the years from 2020 - 2021 onwards in respect of the
rooms mentioned in Exhibit P7 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.13646/2024 2/3 Order Date : 03-04-2024
DINESH KUMAR SINGH, J.
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W.P (C.) No.13646 of 2024
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Dated this the 3rd day of April, 2024
ORDER
Admit. Mr P.R Venkatesh, learned Standing Counsel takes
notice for the respondents. Respondents shall place on record
their counter affidavit/statement.
2. 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 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.13646/2024 3/3 Order Date : 03-04-2024
APPENDIX OF WP(C) 13646/2024
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 THE RECEIPT, DATED 05.06.2023 ISSUED BY
THE MANNARKKAD MUNICIPALITY ON RECEIPT OF TAX UP TO THE
2 ND HALF OF 2023-24 FOR THE ROOMS BEARING NUMBERS
Exhibit P 7 TRUE COPY OF THE DEMAND NOTICES DATED 27.03.2024 ISSUED
BY THE SECRETARY OF THE MANNARKKAD MUNICIPALITY
DEMANDING ARREARS OF TAX EVEN INCLUDING YEARS PRIOR TO
2020-21 FOR THE ROOMS NUMBERED AS 181, 182, 183, 184
AND 185 OWNED BY THE WRIT PETITIONER,
Exhibit P 8 A TRUE COPY OF THE ENGLISH TRANSLATION OF THE IDENTICAL
VERNACULAR CONTENTS IN EXHIBIT P7 DEMAND NOTICES
