Kerala High Court
Musthafa vs The Mannarkkad Municipality on 28 June, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.23254/2024 1/3 Order Date : 28-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 28th day of June 2024 / 7th Ashadha, 1946
WP(C) NO. 23254 OF 2024
PETITIONER:
MUSTHAFA, AGED 54 YEARS, S/O. MUHAMED MUSLIYAR, THARAYIL HOUSE,
MAKKARAPARAMBU POST, MALAPPURAM DISTRICT, PIN-676507
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 p6 notices and be further pleased
to direct the 2 nd respondent to provisionally accept property tax at the
revised rate without interest/penal interest on being tendered by the writ
petitioner for the years from the 2nd half of 2020 - 2021 onwards in
respect of the rooms mentioned in exhibit p6 notices, 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 dated
28.06.2024 and upon hearing the arguments of M/S.VINOD MADHAVAN, M.V.BOSE,
DEVI P. & SANIYA C.V, Advocates for the petitioner, the court passed the
following:
WP(C) No.23254/2024 2/3 Order Date : 28-06-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No.23254 of 2024
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Dated this the 28th day of June, 2024
ORDER
Admit.
2. The learned Standing Counsel takes notice
for the respondents.
3. There will be a stay of operation of Ext.P6
notices on condition that the petitioner remits the
property tax for the period 2020-2021 and future
years. The remittance as above, will be subject to
the result of the writ petition.
Post on 15.07.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.23254/2024 3/3 Order Date : 28-06-2024
APPENDIX OF WP(C) 23254/2024
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 06.06.2024 PASSED BY THE
HON'BLE HIGH COURT OF KERALA IN W.P.(C). NO. 20318/24
Exhibit P 6 A TRUE COPY OF THE DEMAND NOTICES DATED 10.03.2024
ISSUED BY THE SECRETARY OF THE MANNARKKAD MUNICIPALITY
DEMANDING ARREARS OF TAX EVEN INCLUDING YEARS PRIOR TO
2020-21 FOR THE ROOMS OWNED BY THE WRIT PETITIONER
