Kerala High Court
Gopalan vs The Ramanattukara Municipality on 23 February, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.3497/2024 1/3 Order Date : 23-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
WP(C) NO. 3497 OF 2024
PETITIONERS:
1. GOPALAN, AGED 67 YEARS, S/O. CHARU NAIR, RESIDING AT SURABHI,
VELLIMUKKU, CHELARI P.O., MALAPPURAM, PIN-676317.
2. PRABHAVATHY, AGED 62 YEARS, W/O. GOPALAN, RESIDING AT SURABHI,
VELLIMUKKU, CHELARI P.O., MALAPPURAM, PIN - 676317
RESPONDENTS:
THE RAMANATTUKARA MUNICIPALITY, PARAMMAL ROAD, RAMANATTUKARA,
KOZHIKODE, KERALA, REPRESENTED BY ITS SECRETARY, PIN-673632.
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 i) issue an interim order directing the respondent to accept
building tax at the rate at which tax was collected during 2021-2022, in
respect of rooms bearing building no 5/665 A1 to A70, mentioned as UA
5/665 a1 to a70 in Exhibit P10, in Surabhi Mall, Ramanattukara, pending
disposal of the writ petition. ii) stay the operation of Exhibit-P10 and
all further proceedings pursuant thereto, pending disposal of the 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 datee
05.02.2024 and upon hearing the arguments of M/S.GEORGE POONTHOTTAM
(SENIOR.), Advocate along with RAHUL VENUGOPAL, Rahul Venugopal, NISHA
GEORGE(1109/2011), RAHUL VENUGOPAL & NISHA GEORGE) Advocates for the
petitioner and of SRI. P.A.MOHAMMED SHAH, Advocate for R1, the court
passed the following:
WP(C) No.3497/2024 2/3 Order Date : 23-02-2024
DINESH KUMAR SINGH, J.
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W.P.(C) No.3497 of 2024
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Dated this the 23rd day of February, 2024
ORDER
The learned counsel for the petitioners seeks time to file reply
affidavit on behalf of the respondent.
Post on 27.02.2024.
Sd/-
DINESH KUMAR SINGH, JUDGE
AS
WP(C) No.3497/2024 3/3 Order Date : 23-02-2024
APPENDIX OF WP(C) 3497/2024
Exhibit-P1 A TRUE COPY OF THE REGULARIZATION ORDER NO BL-
A3-10918/15 DATED NIL.
Exhibit-P2 A TRUE COPY OF THE RELEVANT PAGES OF THE COPY OF THE
AUDIT REPORT DATED NIL OBTAINED UNDER THE RIGHT TO
INFORMATION ACT
Exhibit-P3 A TRUE COPY OF THE G.O.(RT) NO.1113/2021/LSGD DATED
09.06.2021.
Exhibit-P4 A TRUE COPY OF THE ORDER DATED 14/02/23 ISSUED BY THE
RESPONDENT.
Exhibit-P5 A TRUE COPY OF THE NOTICE DATED 15/02/23 ISSUED BY THE
RESPONDENT
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 22/03/23 IN WPC
9201/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
Exhibit-P7 A TRUE COPY OF THE INTERIM ORDER DATED 13/04/23 IN RP
478/2023 IN WPC 9201/2023 BEFORE THE HON'BLE HIGH COURT
OF KERALA, AT ERNAKULAM
Exhibit-P8 A TRUE COPY OF THE CERTIFICATE DATED 03/04/2023 ISSUED
BY THE RESPONDENT
Exhibit-P9 A TRUE COPY OF THE JUDGMENT DATED 14/12/2023 IN WP(C)
NO. 38758 OF 2023 BEFORE THE HON'BLE HIGH COURT OF
KERALA, AT ERNAKULAM
Exhibit-P10 A TRUE COPY OF THE NOTICE RECEIVED ON 12/01/24 WRONGLY
DATED 06/05/24.
