Kerala High Court
Julian Xavier J vs State Of Kerala on 20 June, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.16132/2024 1/3 Order Date : 20-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
WP(C) NO. 16132 OF 2024
PETITIONER:
JULIAN XAVIER J, AGED 57 YEARS, S/O M.J JOSEPH (LATE), MANGALATH,
PUTHENPURAYILAYA PUNCHATHALAKAL (H), KADUTHURUTHY P.O, KOTTAYAM ,
PIN - 686604.
RESPONDENTS:
1. STATE OF KERALA, REP. BY ITS SECRETARY,DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001
2. TAHSILDAR, VAIKOM TALUK,TALUK OFFICE, VAIKOM, PIN-686141
3. VILLAGE OFFICER, MUTTUCHIRA VILLAGE,KOTTAYAM, PIN-686613
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 Ext.P12, 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
11.06.2024 and upon hearing the arguments of M/S.S.SUDHISH KUMAR, FIROZ
K.ROBIN, JOSE. V.V. (THENGATHARA), ROY JOSEPH, ANIES MATHEW & CHRISTEENA
AUGUSTINE, Advocates for the petitioner, the court passed the following:
WP(C) No.16132/2024 2/3 Order Date : 20-06-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No. 16132 OF 2024
-------------------------------------------------
Dated this the 20th day of June, 2024
ORDER
Post on 24.07.2024.
The interim order is extended till then.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
WP(C) No.16132/2024 3/3 Order Date : 20-06-2024
APPENDIX OF WP(C) 16132/2024
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 23.04.2022
ISSUED BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
27.04.2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P3 PHOTO OF THE SHED
Exhibit P4 TRUE COPY OF THE NOTICE NO.B5(A)/128460-205787/2022
DATED 01.11.2022 ISSUED IN FORM NO. IV ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE PETITION/ CLAIM OF EXEMPTION FILED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT DATED
22.11.2022
Exhibit P6 TRUE COPY OF THE ORDER NO. B5(A)-8088/2022 DATED
12.12.2022
Exhibit P7 TRUE COPY OF THE ORDER OF ASSESSMENT IN FORM-V NO. B5
(A)/128460-205787/2022 DATED 15.12.2022 ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER
Exhibit P7(a) TRUE COPY OF THE DEMAND NOTICE NO. B5
(A)/128460-205787/2022 DATED 15.12.2022 ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER UNDER SECTION 10 OF
THE KERALA BUILDING TAX ACT
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 24.02.2023 IN W.P (C)
Exhibit P9 TRUE COPY OF THE LETTER NO. SC1/114/2023/REV DATED
08.05.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P10 TRUE COPY OF THE LETTER DATED 16.05.2023 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P10 (a) POSTAL RECEIPT ISSUED FROM THE POSTAL DEPARTMENT DATED
17.05.2023
Exhibit P10 (b) TRUE COPY OF THE LICENSE DEED DATED 13.04.2023 ENTERED
INTO BETWEEN THE PETITIONER AND THE LICENSEE
Exhibit P10 (c) TRUE COPY OF THE PHOTO OF THE WORKSHOP
Exhibit P11 TRUE COPY OF THE LICENSE DATED 24.05.2023 ISSUED BY THE
SECRETARY, KADUTHURUTHY GRAMA PANCHAYAT
Exhibit P12 TRUE COPY OF THE ORDER NO. GO (RT) NO.869/2024/RD DATED
06.03.2024 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R2(a) True copy of thr online returns submitted by the
petitioner
