Citation : 2024 Latest Caselaw 5274 Ker
Judgement Date : 15 February, 2024
WP(C) No.25941/2023 1/3 Order Date : 15-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Thursday, the 15th day of February 2024 / 26th Magha, 1945
WP(C) NO. 25941 OF 2023
PETITIONER:
K.S.UNNIKRISHNAN, AGED 64 YEARS, S/O.SUBBARAYA MANNADIAR, PROPRIETOR
M/S.GAYATHRI KALYANAMANDAPAM, KOLLENGODE.P.O. PALAKKAD DISTRICT,
PIN-678506.
RESPONDENTS:
1. KOLLENGODE GRAMA PANCHAYAT, KOLLENGODE P.O, PALAKKAD
DISTRICT-678506, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, KOLLENGODE GRAMA PANCHAYAT, KOLLENGODE P.O, PALAKKAD
DISTRICT, PIN - 678506
3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001.
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 all further proceedings pursuant to Exhibit P7 order dated
15.07.2023 issued by 1st respondent, pending disposal of the above writ
petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
24.01.2024 and upon hearing the arguments of M/S G.HARIHARAN, PRAVEEN.H.,
K.S.SMITHA, V.R.SANJEEV KUMAR & BIJOY SAM GEORGE, Advocates for the
petitioner and of SRI. NIRMAL.S, Advocate for R1, the court passed the
following:
WP(C) No.25941/2023 2/3 Order Date : 15-02-2024
DINESH KUMAR SINGH, J.
------------------------------------
W.P (C) No.25941of 2023
------------------------------------
Dated this the 15th day of February, 2024
ORDER
Learned Standing Counsel for the Kollengode Grama
Panchayat, prays for and allowed only one week time to file
statement.
Post on 28.02.2024.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP WP(C) No.25941/2023 3/3 Order Date : 15-02-2024
APPENDIX OF WP(C) 25941/2023 Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 06.02.2015 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER DEMANDING PAYMENT OF PROPERTY TAX @ RS.65,241/- PER YEAR FOR BUILDING NO.2/289 Exhibit P2 A TRUE COPY OF THE NOTIFICATION PUBLISHED AS SRO NO.
36/2011 DATED 14/01/2011 PRESCRIBING THE MINIMUM AND MAXIMUM LIMITS OF RATES OF PROPERTY TAX LEVIABLE Exhibit P3 A TRUE COPY OF THE COMMUNICATION NO. B4 1275/2015 DATED 20/02/2015 THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED 09.04.2015 MADE IN W.P.(C).NO.12015/2015 BY THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C).NO.12015/2015 DATED 13.06.2023 BY THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 03.07.2023 FILED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE ORDER DATED 15.07.2023 ISSUED BY THE 1ST RESPONDENT AGAINST THE PETITIONER Exhibit P8 A TRUE COPY OF THE GOVERNMENT ORDER NO.144/15 LSGD DATED 27.04.2015 ISSUED BY THE PRINCIPLE SECRETARY TO THE GOVERNMENT LOCAL SELF GOVERNMENT Exhibit P9 A TRUE COPY OF THE INFORMATION DATED 26.03.2016 BY THE SECRETARY OF VADAVANOOR GRAMA PANCHAYATH RELATING TO THE INCREASE OF TAX FOR BUILDING NO.1/358 (GOWRI SHANKAR KALYANAMANDAPAM) Exhibit P10 A TRUE COPY OF THE INFORMATION DATED 07.08.2016 ISSUED BY THE SECRETARY OF ELAVANCHERRY GRAMA PANCHAYATH IN THE NAME OF THE PETITIONER English Translation of A true copy of the demand Notice dated 06.02.2015 Exhibit P1 issued by the 1st respondent in the name of the petitioner demanding payment of property tax @ Rs 65,241/- per year for building No 2/289. English Translation of A true copy of the Notification published as SRO No Exhibit P2 36/2011 dated 14.01.2011 prescribing the minimum and maximum limits of rates of property tax leviable. English Translation of A true copy of the communication no. B4 1275/2015 dated Exhibit P3 20/02/2015 the 3rd respondent. Exhibit R2(a): True copy of the Counter Affidavit filed by this respondent in WPC.12015/2015 Exhibit R2 (b) True copy of the Notification published as SRO No.36/ 2011dated 14/01/2011 with English translation
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