Kerala High Court
Muhammad Basheer M.A vs Cherpulassery Municipality on 25 October, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:79690
W.P (C) Nos.37408/2024,
37469/2024 & 37652/2024 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37408 OF 2024
PETITIONER/S:
MUHAMMAD BASHEER M.A.,
AGED 62 YEARS, S/O. HAMZA, MAMPARAMBIL HOUSE, CHERPULASSERY
P.O., PALAKKAD DISTRICT, PIN - 679503
BY ADVS.
C.M.MOHAMMED IQUABAL
ISTINAF ABDULLAH
DHILNA DILEEP
P.ABDUL NISHAD
THASNEEM A.P.
T.H.RAIHANATH
RESPONDENT/S:
1 CHERPULASSERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, CHERPULASSERY P.O., PALAKKAD
DISTRICT, PIN - 679503
2 THE SECRETARY,
CHERPULASSERY MUNICIPALITY, CHERPULASSERY P.O., PALAKKAD
DISTRICT, PIN - 679503
3 THE MUNICIPAL COUNCIL,
REPRESENTED BY ITS PRESIDENT, CHERPULASSERY MUNICIPALITY,
CHERPULASSERY P.O., PALAKKAD DISTRICT, PIN - 679503
BY ADV SHAMEENA SALAHUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, ALONG WITH WP(C).37469/2024, 37652/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79690
W.P (C) Nos.37408/2024,
37469/2024 & 37652/2024 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37469 OF 2024
PETITIONER/S:
MUHAMMAD BASHEER M.A.,
AGED 62 YEARS
S/O. HAMZA, MAMPARAMBIL HOUSE, CHERPULASSERY P.O.,
PALAKKAD DISTRICT, PIN - 679503
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 CHERPULASSERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, CHERPULASSERY P.O.,
PALAKKAD DISTRICT, PIN - 679503
2 THE SECRETARY,
CHERPULASSERY MUNICIPALITY, CHERPULASSERY P.O.,
PALAKKAD DISTRICT, PIN - 679503
3 THE MUNICIPAL COUNCIL,
REPRESENTED BY ITS PRESIDENT, CHERPULASSERY
MUNICIPALITY, CHERPULASSERY P.O., PALAKKAD DISTRICT,
PIN - 679503
BY ADV SHAMEENA SALAHUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, ALONG WITH WP(C).37408/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79690
W.P (C) Nos.37408/2024,
37469/2024 & 37652/2024 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37652 OF 2024
PETITIONER/S:
SHAJAHAN K.P.,
AGED 50 YEARS, S/O. MOHAMMED,KARIKKUMPURATH HOUSE, PARAL,
THOOTHA P.O., MALAPPURAM DISTRICT, PIN - 679357
BY ADVS.
C.M.MOHAMMED IQUABAL
ISTINAF ABDULLAH
P.ABDUL NISHAD
DHILNA DILEEP
THASNEEM A.P.
T.H.RAIHANATH
RESPONDENT/S:
1 CHERPULASSERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, CHERPULASSERY P.O., PALAKKAD
DISTRICT, PIN - 679503
2 THE SECRETARY,
CHERPULASSERY MUNICIPALITY, CHERPULASSERY P.O., PALAKKAD
DISTRICT, PIN - 679503
3 THE MUNICIPAL COUNCIL,
REPRESENTED BY ITS PRESIDENT, CHERPULASSERY MUNICIPALITY,
CHERPULASSERY P.O., PALAKKAD DISTRICT,, PIN - 679503
BY ADV SHAMEENA SALAHUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, ALONG WITH WP(C).37408/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79690
W.P (C) Nos.37408/2024,
37469/2024 & 37652/2024 -4-
JUDGMENT
These writ petitions have been filed being aggrieved by the fact that an
appeal filed against the assessment of property tax before the Standing
Committee for Finance of the 1st respondent Municipality has been rejected
without considering any matter by the Standing Committee for Finance and
through a communication issued by the Secretary of the 1 st respondent
Municipality. When W.P (C) Nos.37408/2024 and 37469/2024 came up for
consideration yesterday (24-10-2024) the Standing counsel appearing for the
Municipality submitted that she would take instructions as to whether there
has been a consideration of the appeal by the Standing Committee for
Finance. Accordingly, those two writ petitions were adjourned to be taken up
today.
2. When W.P (C) No.37652/2024 is taken up today for admission,
the learned Standing counsel appearing for the Municipality very fairly
admits that the Standing Committee does not appear to have considered the
appeal in a proper manner and may have to be directed to dispose of the
appeals filed by the respective petitions.
3. Having heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the Municipality as above, these writ
2024:KER:79690
W.P (C) Nos.37408/2024,
petitions will stand disposed of directing that the appeals filed by the
respective petitioners before the Standing Committee for Finance of the
Council of the respondent Municipality shall be considered and disposed of in
accordance with the law. The petitioners submit that they are not insisting for
an opportunity of personal hearing before the appeals are disposed of but
pray that the Standing Committee may be required to look all aspects of the
matter. Accordingly, it is directed that the Standing Committee for Finance of
the Council of the respondent Municipality shall dispose of the appeals after
taking into consideration of all contentions taken in the appeals filed before it.
The orders shall be communicated to the individual petitioners in accordance
with the law. To enable for passing of fresh orders, Ext.P9 communication
issued by the Secretary (in all these writ petitions) were stand set aside. The
collection of amounts demanded in Ext.P10 in all these writ petitions shall be
deferred till a decision is taken in the manner by the Standing Committee for
Finance.
These writ petitions are disposed of as above.
Sd/-
GOPINATH P.
JUDGE
AMG
2024:KER:79690
W.P (C) Nos.37408/2024,
APPENDIX OF WP(C) 37469/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE MUNICIPALITY FOR THE BUILDING NO. 105 DATED
30.03.2024
Exhibit P1(a) THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE MUNICIPALITY FOR THE BUILDING NO. 106 DATED
30.03.2024
Exhibit P1(b) THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE MUNICIPALITY FOR THE BUILDING NO. 107 DATED
30.03.2024
Exhibit P1(c) THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE MUNICIPALITY FOR THE BUILDING NO. 108 DATED
30.03.2024
Exhibit P1(d) THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE MUNICIPALITY FOR THE BUILDING NO. 109 DATED
30.03.2024
Exhibit P1(e) THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE MUNICIPALITY FOR THE BUILDING NO. 110 DATED
30.03.2024
Exhibit P2 THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO THE BUILDING NO. 26/105 DATED
02.02.2024
Exhibit P2(a) THE TRUE COPY OF ARREAR DEMAND NOTICE ISSUED WITH
RESPECT TO BUILDING NO.26/106 DATED 02.02.2024
Exhibit P2(b) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.26/107 DATED 02.02.2024
Exhibit P2(c) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.26/108 DATED 02.02.2024
2024:KER:79690
W.P (C) Nos.37408/2024,
Exhibit P2(d) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.26/109 DATED 02.02.2024
Exhibit P2(e) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.26/110 DATED 02.02.2024
Exhibit P2(f) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.26/111 DATED 02.02.2024
Exhibit P2(g) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.26/112 DATED 02.02.2024
Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C).NO.
11971/2021 OF THIS HON'BLE COURT DATED 09.06.2021
Exhibit P4 THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/105 DATED 06.03.2021
Exhibit P4(a) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/106 DATED 06.03.2021
Exhibit P4(b) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/107 DATED 06.03.2021
Exhibit P4(c) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/108 DATED 06.03.2021
Exhibit P4(d) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/109 DATED 06.03.2021
Exhibit P4(e) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/110 DATED 06.03.2021
Exhibit P4(f) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/111 DATED 08.03.2021
2024:KER:79690
W.P (C) Nos.37408/2024,
Exhibit P4(g) THE TRUE COPY OF THE ARREAR DEMAND NOTICE ISSUED TO
THE PETITIONER WITH RESPECT TO THE BUILDING NO.
26/112 DATED 08.03.2021
Exhibit P5 THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/105 DATED
NIL
Exhibit P5(a) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/106 DATED
NIL
Exhibit P5(b) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/107 DATED
NIL
Exhibit P5(c) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/108 DATED
NIL
Exhibit P5(d) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/109 DATED
NIL
Exhibit P5(e) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/111 DATED
NIL
Exhibit P5(f) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 26/112 DATED
NIL
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.
11971/2021 AND CONNECTED CASES OF THIS HON'BLE
COURT DATED 24.01.2024
Exhibit P7 THE TRUE COPY OF THE APPEAL PREFERRED BY THE
PETITIONER AGAINST THE ASSESSMENT ORDERS DATED
15.04.2024
2024:KER:79690
W.P (C) Nos.37408/2024,
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.
27327/2024 OF THIS HON'BLE COURT DATED 31.07.2024
Exhibit P9 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 30.09.2024
Exhibit P10 THE TRUE COPY OF THE DEMAND NOTICES ISSUED BY THE
MUNICIPALITY DATED 30.09.2024
2024:KER:79690
W.P (C) Nos.37408/2024,
APPENDIX OF WP(C) 37652/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR THE BUILDING
NO. 8/101 DATED 11.10.2023
Exhibit P1(a) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY MUNICIPALITY FOR THE BUILDING NO.
8/102 DATED 15.03.2021
Exhibit P1(b) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR BUILDING NO.
8/103 DATED 11.10.2023
Exhibit P1(c) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR THE BUILDING
NO. 8/108 DATED 11.10.2023
Exhibit P1(d) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR THE BUILDING
NO. 8/110 DATED 11.10.2023
Exhibit P2 THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 8/101 DATED 29.06.2024
Exhibit P2(a) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 8/102 DATED 29.06.2024
Exhibit P2(b) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 8/103 DATED 29.06.2024
Exhibit P2(c) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 8/108 DATED 29.06.2024
2024:KER:79690
W.P (C) Nos.37408/2024,
Exhibit P2(d) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 8/110 DATED 29.06.2024
Exhibit P3 THE TRUE COPY OF INTERIM ORDER IN W.P.
(C).NO.5163/2020 OF THIS HON'BLE COURT DATED
24.02.2020
Exhibit P4 THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO PETITIONER WITH RESPECT TO BUILDING
NO. 8/101 DATED 19.07.2019
Exhibit P4(a) THE TRUE COPY OF ARREAR DEMAND NOTICE ISSUED
TO PETITIONER WITH RESPECT TO BUILDING
NO.8/102 DATED 19.07.2019
Exhibit P4(b) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO
BUILDING NO. 8/103 DATED 19.07.2019
Exhibit P4(c) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO
BUILDING NO. 8/108 DATED 19.07.2019
Exhibit P4(d) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO
Exhibit P5 THE TRUE COPY OF THE ASSESSMENT ORDER OF THE
MUNICIPALITY REGARDING BUILDING NO. 101/8
DATED 22.01.2024
Exhibit P5(a) THE TRUE COPY OF ASSESSMENT ORDER OF THE
MUNICIPALITY REGARDING BUILDING NO. 102/8
DATED 22.01.2024
Exhibit P5(b) THE TRUE COPY OF ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 103/8
DATED 22.01.2024
2024:KER:79690
W.P (C) Nos.37408/2024,
Exhibit P5(c) THE TRUE COPY OF THE ASSESSMENT ORDER OF THE
MUNICIPALITY REGARDING BUILDING NO. 108/8
DATED 22.01.2024
Exhibit P5(d) THE TRUE COPY OF ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 110/8
DATED 22.01.2024
Exhibit P6 THE TRUE COPY OF JUDGMENT IN W.P.
(C).NO.5163/2020 AND CONNECTED CASES OF THIS
HON'BLE COURT DATED 24.01.2024
Exhibit P7 THE TRUE COPY OF THE APPEAL PREFERRED BY THE
PETITIONER AGAINST THE ASSESSMENT ORDERS
DATED 15.04.2024
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.
27214/2024 OF THIS HON'BLE COURT DATED
31.07.2024
Exhibit P9 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 01.10.2024
Exhibit P10 THE TRUE COPY OF THE DEMAND NOTICES ISSUED BY
THE MUNICIPALITY DATED 01.10.2024
2024:KER:79690
W.P (C) Nos.37408/2024,
APPENDIX OF WP(C) 37408/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR THE BUILDING
NO. 640 FOR THE FINANCIAL YEAR 2023 - 2024
DATED 24.02.2024
Exhibit P1(a) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR THE BUILDING
NO. 641 FOR THE FINANCIAL YEAR 2023 - 2024
DATED 24.02.2024
Exhibit P1(b) THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE MUNICIPALITY FOR THE BUILDING
NO. 642 FOR THE FINANCIAL YEAR 2023 - 2024
DATED 24.02.2024
Exhibit P2 . THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED WITH RESPECT TO THE BUILDING NO.
640/24 DATED 11.04.2024
Exhibit P2(a) THE TRUE COPY OF ARREAR DEMAND NOTICE ISSUED
WITH RESPECT TO BUILDING NO.641/24 DATED
11.04.2024
Exhibit P2(b) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED WITH RESPECT TO BUILDING NO.642/24
DATED 11.04.2024
Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER IN W.P.
(C).NO. 15113/2020 OF THIS HON'BLE COURT
DATED 24.07.2020
Exhibit P4 THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 24/640 DATED 18.02.2020
Exhibit P4(a) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 24/641 DATED 09.01.2015
2024:KER:79690
W.P (C) Nos.37408/2024,
Exhibit P4(b) THE TRUE COPY OF THE ARREAR DEMAND NOTICE
ISSUED TO THE PETITIONER WITH RESPECT TO THE
BUILDING NO. 24/642 DATED 26.12.2014
Exhibit P5 THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 24/640
DATED 22.01.2024
Exhibit P5(a) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 24/641
DATED 22.01.2024
Exhibit P5(b) THE TRUE COPY OF THE ASSESSMENT ORDER OF
MUNICIPALITY REGARDING BUILDING NO. 24/642
DATED 22.01.2024
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.
15113/2020 AND CONNECTED CASES OF THIS
HON'BLE COURT DATED 24.01.2024
Exhibit P7 . THE TRUE COPY OF THE APPEAL PREFERRED BY
THE PETITIONER AGAINST THE ASSESSMENT ORDERS
DATED 15.04.2024
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.
27235/2024 OF THIS HON'BLE COURT DATED
31.07.2024
Exhibit P9 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 30.09.2024
Exhibit P10 THE TRUE COPY OF THE DEMAND NOTICES ISSUED BY
THE MUNICIPALITY DATED 30.09.2024
