Kerala High Court
Reji Cheriyan vs The Alappuzha Municipality on 15 February, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
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. 30108 OF 2022
PETITIONER/S:
REJI CHERIYAN
AGED 55 YEARS
SON OF CHERIYAN PHILIPOSE, PROPRIETOR, RAMADA ALEPPEY,
NEHRU TROPHY FINISHING POINT, PUNNAMADA, ALAPPUZHA,
RESIDING AT THOOVAMPALLIL, PATHIYOOR WEST,
KAREELAKULANGARA, ALAPPUZHA, PIN - 690572
BY ADVS.
S.SANAL KUMAR
T.J.SEEMA
BHAVANA VELAYUDHAN
RESPONDENT/S:
1 THE ALAPPUZHA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, ALAPPUZHA-688011, PIN -
688011
2 THE SECRETARY
ALAPPUZHA MUNICIPALITY, ALAPPUZHA-688011, PIN - 688011
3 THE PRINCIPAL SECRETARY TO LOCAL SELF GOVERNMENT
DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.,
PIN - 695001
BY ADV. R. AZAD BABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30108 OF 2022
2
JUDGMENT
Dated this the 15th day of February, 2024
The present writ petition has been filed seeking the following
relief:-
"i. Issue a writ of certiorari or any other appropriate writ, order
or direction quashing Ext.P19 and P20"
A statement has been filed on behalf of the 1st and 2nd
respondents. Paragraph 3 of the said statement is read as under:-
"The interest of Rs. 8,22,359/- levied on the buildings has been
waived in the light of the Government order GO(Rt) no.
2467/22LSGD dated 12.10.2022 which exempted the imposition
of penal interest on property tax arrears. Therefore, the
petitioner is not bound to pay any interest on the arrears of
property tax."
In view of the stand of the respondents that the interest of
Rs.8,22,359/- levied on the buildings of the petitioner has been
waived in the light of the Government order No.2467/2022/ LSGD
dated 12.10.2022, nothing survives in this writ petition and the
same is hereby dismissed as infructuous.
Sd/-
DINESH KUMAR SINGH
JUDGE
SJ
WP(C) NO. 30108 OF 2022
APPENDIX OF WP(C) 30108/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE ORIGINAL LICENSE ISSUED BY THE
1ST RESPONDENT DATED 15.11.2013
Exhibit P2 COPY OF THE GO(RT)NO. 1683/2021/LSGD DATED
6.9.2021
Exhibit P3 COPY OF THE GO(RT) NO.219/2022/LSGD DATED
3.2.2022
Exhibit P4 COPY OF THE GOVERNMENT ORDER GO(RT)NO.
827/2022/LSGD DATED 1.4.2022
Exhibit P5 COPY OF THE GOVERNMENT ORDER GO(RT)
NO.1141/22/LSGD DATED 6.5.2022
Exhibit P6 COPY OF THE NOTICE NO.T5-9714/13 OF ALAPPUZHA
MUNICIPALITY DATED 29.1.2022
Exhibit P7 COPY OF THE APPLICATION FOR RENEWAL OF
LICENSE DATED 26.3.2022 SUBMITTED BY THE
PETITIONER
Exhibit P8 COPY OF THE RECEIPT ISSUED BY THE 1ST
RESPONDENT EVIDENCING SUBMISSION OF EXT.P7
Exhibit P9 TRUE COPY OF THE APPLICATION DATED 30.4.2022
WHICH WAS RECEIVED ON FILE BY THE 1ST
RESPONDENT ON 27.5.2022
Exhibit P10 COPY OF THE COMMUNICATION RECEIVED BY THE
PETITIONER DATED 30.3.2022 ASKING HIM TO
CLEAR ARREARS OF PROPERTY TAX AS A
PRECONDITION FOR RENEWAL OF LICENSE
Exhibit P11 COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER DATED 20.4.2022
Exhibit P12 COPY OF THE LOAN SANCTION LETTER ISSUED BY
THE KERALA FINANCIAL CORPORATION DATED
26.3.2022
Exhibit P13 COPY OF THE RECEIPT ISSUED BY THE 1ST
RESPONDENT DATED 30.4.2022 ACKNOWLEDGING THE
RECEIPT OF AMOUNT OF RS.34,57,543/-
Exhibit P14 TRUE COPY OF THE NOTICE ISSUED BY THE
ALAPPUZHA MUNICIPALITY DATED 8.6.2022
Exhibit P15 COPY OF THE INTERIM ORDER OF THIS HON'BLE
COURT IN WP© NO. 20888/2022 DATED 28.6.2022
Exhibit P16 COPY OF THE NOTICE OF THE 1ST RESPONDENT
DATED 6.8.2022
Exhibit P17 COPY OF THE REPLY SENT BY THE PETITIONER
DATED 8.8.2022
Exhibit P18 COPY OF THE GO(RT) NO.117/2022/LSGD DATED
WP(C) NO. 30108 OF 2022
17.1.2022
Exhibit P19 COPY OF THE FRESH DEMAND NOTICE DATED
19.8.2022
Exhibit P20 COPY OF THE NOTICE OF THE MUNICIPALITY DATED
1.9.2022
