Kerala High Court
Muhammedali Cholothil vs The Mannarkkad Municipality on 4 April, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.13870/2024 1/3 Order Date : 04-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
WP(C) NO. 13870 OF 2024
PETITIONER:
MUHAMMEDALI CHOLOTHIL, AGED 67 YEARS, S/O. ABDU, CHOLOTH,
PARASSERI, THENKARA 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 P8 notices and be further pleased
to direct the 2nd 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 P8 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.13870/2024 2/3 Order Date : 04-04-2024
DINESH KUMAR SINGH, J.
-----------------------
W.P.(C) No. 13870 of 2024
----------------------------
Dated this the 4th day of April, 2024
ORDER
1. Admit.
2. Sri. P. R. Venkatesh, the learned Standing Counsel takes notice
for respondents. There will be an interim order as prayed for subject
to the condition that the petitioner discharges the liability for
revised property tax from the year 2020-21. The claim of any
interest shall be decided at the time of hearing of the writ petition.
Post this matter along with W.P.(C) No. 12093 of 2024 and
other connected matters.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) No.13870/2024 3/3 Order Date : 04-04-2024
APPENDIX OF WP(C) 13870/2024
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 TRUE COPY OF RECEIPTS, DATED 10.06.2019 ISSUED BY THE
MANNARKKAD MUNICIPALITY ON RECEIPT OF TAX UP TO THE 2
ND HALF OF 2019-20 FOR THE ROOMS BEARING NUMBERS 6/601
Exhibit P 7 TRUE COPY OF RECEIPTS, DATED 31.03.2022 ISSUED BY THE
MANNARKKAD MUNICIPALITY ON RECEIPT OF TAX UP TO THE 2
ND HALF OF 2021-22 FOR THE ROOMS BEARING NUMBERS
Exhibit P 8 TRUE COPY OF THE DEMAND NOTICES DATED 21.03.2024 ISSUED
BY THE SECRETARY OF THE MANNARKKAD MUNICIPALITY
DEMANDING ARREARS OF TAX EVEN INCLUDING YEARS PRIOR TO
2020-21 FOR THE ROOMS NUMBERED AS 179, 180, 186, 187,
188, 190 AND 191 OWNED BY THE WRIT PETITIONER,
Exhibit P 9 A TRUE COPY OF THE ENGLISH TRANSLATION OF THE IDENTICAL
VERNACULAR CONTENTS IN EXHIBIT P8 DEMAND NOTICES
