Citation : 2024 Latest Caselaw 27596 Ker
Judgement Date : 13 September, 2024
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 42181 OF 2018
PETITIONERS:
1 BOBAN V.S.,
AGED 53 YEARS
S/O.SAKTHIDHARAN, VENMALASSERY HOUSE, PERUMPADANNA
JUNCTION, NORTH PARUR, ERNAKULAM DISTRICT.
2 CHANDRAN,
S/O.AYYAPPAN, ARUTHINGAL HOUSE, KEDAMANGALAM, NORTH
PARUR, ERNAKULAM DISTRICT.
3 RADHAKRISHNAN.M.G.,
S/O.GANGADHARAN, MULAUNNIRANPARMBU, OTTUPURAKKAL,
KEDAMANGALAM, NORTH PARUR, ERNAKULAM DISTRICT.
4 M.A.JOB,
S/O.ANTONY, MANAKKIL, POOTHAYIL ROAD, NORTH
PARAVUR, ERNAKULAM DISTRICT.
5 LEELA SAKTHIDHARAN,
W/O.SAKTHIDHARAN, VENMALASSERY HOUSE, PERUMPADANNA
JUNCTION, NORTH PARUR, ERNAKULAM DISTRICT.
6 SALAM.M.A,
C/O.SALIYA.K.K., MANNAMTHARA HOUSE, PUTHENCHIRA,
THRISSUR DISTRICT.
7 SHYAM KUMAR.E.S.,
KANNAMPARAMBIL, K.M.K.JUNCTION, BEHIND TOWN POST
OFFICE, PARAVUR, ERNAKULAM DISTRICT.
WP(C) No.42181/2018 and connected cases
2
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8 VIVEK.M.S.,
S/O.M.P.SUKUMARA MENON, SMRITHY, KADAVATHU ROAD,
NORTH PARAVUR, ERNAKULAM DISTRICT.
9 JAYA MURALEEDHARA MEMON,
W/O.MURALEEDHARA MENON, ASHIRVAS, SREEVILAS LANE,
NORTH PARAVUR, ERNAKULAM DISTRICT.
10 SOMKUMAR,
S/O.PARAMESWARAN, KOROMPARAMBIL HOUSE,
KODUNGALLUR, THRISSUR DISTRICT.
11 RAJAN MENON,
S/O.SAKARAN NAMBOORTHIRIPAD, PARIYADATH, WEST
G.H.S.S., KODUNGALLUR, THRISSUR DISTRICT.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT-683 520,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR,
ERNAKULAM DISTRICT - 683 520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.ANOOP V.R.
SRI.C.S.AJITH PRAKASH
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).2083/2019, 2077/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.42181/2018 and connected cases
3
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 2083 OF 2019
PETITIONER:
M/S.PARAVUR TOWN MERCHANTS ASSOCIATION,
(REG.NO.113/74), VYAPARA BHAVAN, NORTH PARAVUR,
ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT
K.T.JOHNY.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT - 683 520,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT - 683 520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
SRI.C.S.AJITH PRAKASH,SC,POLLUTION C.BD
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
ON 13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
4
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 2077 OF 2019
PETITIONERS:
1 THOMAS MAMPILLY,
AGED 83 YEARS,
S/O PAULOSE, MAMPILLY HOUSE,KACHERIPADY, NORTH
PARUR, ERNAKULAM DISTRICT.
2 BABU THOMAS,
AGED 48 YEARS,
S/O THOAMS, RESIDING AT MAMPILLY HOUSE,
KACHERIPADY, NORTH PARUR, ERNAKULAM DISTRICT,
REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY
HOLDER MR. THOMAS MAMPILLY, MAMPILLY HOUSE,
KACHERIPADY NORTH PARUR, ERNAKULAM DISTRICT.
3 JOY THOMAS,
AGED 46 YEARS,
S/O PAULOSE THOMAS MAMPILLY, RESIDING AT MAMPILLY
HOUSE, KACHERIPADY NORTH PARUR, ERNAKULAM
DISTRICT.
4 M.J.THOMAS,
AGED 64 YEARS,
S/O JOSEPH,MALIYAKKAL HOUSE, SREE BLAKRISHNA
TEMPLE ROAD, KUZHUPILLY, ERNAKULAM DISTRICT.
5 BABU,
AGED 69 YEARS,
SREEVILAS,THEKKENALUVAZHY, NORTH PARUR, ERNAKULAM
DISTRICT.
WP(C) No.42181/2018 and connected cases
5
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6 GOVINDADAS PRABHU,
AGED 39 YEARS,
S/O RAMADAS GOKULDAS PRABHU, KANNAMPARAMBIL HOUSE,
POTTEN STREET, NORTH PARAVUR , ERNAKULAM
DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER, MOHANDAS PRABHU, AGED 68 YEARS, S/O
RAMADAS PRABHU KANNAMPARAMBIL HOUSE, POTTEN
STREET, NORTH PARAVUR, ERNAKULAM DISTRICT.
7 LALITHA RAMA SHENOY,
AGED 70 YEARS,
W/O RAMADAS GOKULDAS PRABHU, KANNAMPARAMBIL HOUSE,
POTTEN STREET, NORTH PARAVUR, ERNAKULAM
DISTRICT,REPRESENTED BY HER POWER OF ATTORNEY
HOLDER MOHANDAS PRABHU, AGED 68 YEARS, S/O.
RAMADAS PRABHU, KANNAMPARAMBIL HOUSE,POTTEN
STREET,NORTH PARAVUR, ERNAKULAM DISTRICT.
8 MOHANDAS PRABHU,
AGED 68 YEARS,
S/O RAMADAS PRABHU,KANNAMPARAMBIL HOUSE, POTTEN
STREET, NORTH PARAVUR, ERNAKULAM DISTRICT.
9 MUHAMMEDALI,
AGED 64 YEARS,
S/O SAIDU, PATHAPPULLY HOUSE,NEAR
PUTHIYAKAVUPALLY, MATHILAKAM,THRISSUR DISTRICT.
10 SATHEESAN K,
AGED 58 YEARS,
S/O KRISHNAN, VINOD VIHAR,PERUVARAM, NORTH
PARAVUR, ERNAKULAM DISTRICT.
11 ABDUL SIYAD,
AGED 52 YEARS,
S/O MAMMU, CHIRAPURATH HOUSE, SANTHI NAGAR,
MANJALI, NORTH PARAVUR, ERNAKULAM DISTRICT.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
WP(C) No.42181/2018 and connected cases
6
2024:KER:70432
RESPONDENTS:
1 NORTH PARUR MUNCIPALITY
NORTH PARUR, ERNAKULAM DISTRICT-683 520,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY,NORTH PARUR,
ERNAKULAM DISTRICT - 683 520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
SRI.C.S.AJITH PRAKASH
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
7
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 3082 OF 2019
PETITIONERS:
1 MADHUKUMAR,
AGED 62 YEARS,
S/O. THANKAPPAN CHETTIYAR, VRINDAVANAM, SREEVILAS
ROAD, NORTH PARAVUR P.O., ERNAKULAM DISTRICT.
2 VENUGOPAL T.,
S/O. THANKAPPAN CHETTIYAR, RAMANI NIVAS,
K.M.K.JUNCTION, NORTH PARAVUR P.O., ERNAKULAM
DISTRICT.
3 AMMINI ANIL,
W/O. GOPALAKRISHNAN, AJITH NIVAS, CANAL ROAD,
NORTH PARAVUR, ERNAKULAM DISTRICT.
4 LOOKOSE V.J.,
S/O. JOHN V.P., MANAGING DIRECTOR, M/S. PARAVUR
GALAZY HOTEL, NORTH PARAVUR P.O., ERNAKULAM
DISTRICT.
5 P.K. MUHAMMED,
PUTHIYAVEETTIL GARDENS, MANNAM NORTH PARAVUR,
ERNAKULAM DISTRICT.
6 GOPAKUMAR PILLAI,
S/O. A.K. PADMANABHA PILLAI, SUDHARSANAM, KESARI
ROAD, KESARI COLLEGE, NORTH PARAVUR, ERNAKULAM
DISTRICT.
7 DR. K.M. SUBASH @ PAUL,
S/O. K.I. MATHEW, KULANGARA THATHOLI, THATHOLI
ROAD, NORTH PARAVUR P.O., ERNAKULAM DISTRICT.
WP(C) No.42181/2018 and connected cases
8
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BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
S.UMA DEVI
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT-683520,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT-683520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
C.S.AJITH PRAKASH
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
9
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 4356 OF 2019
PETITIONERS:
1 VIJU THOMAS,
AGED 44 YEARS,
S/O. K.V. THOMAS, RESIDING AT KAITHAPPILLY,
NANTHIATTUKUNNAM, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN-683513.
2 AMMINI AMMA,
AGED 71 YEARS,
W/O. K. RADHAKRISHNAN NAIR, RESIDING AT KRISHNA
NIVAS, KIZHAKKEPRAM, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN-683 513.
3 A.P. SUSEELA,
AGED 75 YEARS,
W/O. RAVEENDRAN, RESIDING AT PANAMITTATH SURABI,
THONNIYAKAVU, NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683513.
4 MINI MOL S.,
AGED 55 YEARS,
RESIDING AT KADASSERY HOUSE, BALAPARAMESWARY
TEMPLE ROAD, PUTHENVELIKKARA, VADAKKUMPURAM, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683513.
5 SARALA DEVI,
AGED 64 YEARS,
W/O. RAJAN MENON, RESIDING AT APSARA HOUSE, WEST
G.H.S.S. KODUNGALLUR, THRISSUR DISTRICT, PIN-
680664.
WP(C) No.42181/2018 and connected cases
10
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6 UDAYA CHANDRAN,
AGED 49 YEARS,
S/O. T.K. RAMACHANDRAN SHENOY, RESIDING AT VIJAYA
VIHAR, PARK VIEW ROAD, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN-683513.
7 P.K. NABEESA,
AGED 55 YEARS,
RESIDING AT MADAYAPPURATH HOUSE, CANAL ROAD, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683513.
8 K. RAMACHANDRAN NAIR,
AGED 70 YEARS,
S/O. KRISHNAN NAIR, RESIDING RESHMI HOUSE,
KAITHARAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683519.
9 C.K.RADHA,
AGED 75 YEARS,
W/O PRAKASAN (LATE), RESIDING PULIKKAL HOUSE,
PARAYAKADU, NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN 683 513.
10 SICILY SEBASTIAN ALIAS SICILY JOSEPH,
W/O. C.C. SEBASTIAN, (REP. BY HER POWER OF
ATTORNEY HOLDER C.C.SEBASTIAN, AGED 71 YEARS)
RESIDING CHEMMASSERY HOUSE, FORT ROAD, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683513.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
S.UMA DEVI
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN-683520.
WP(C) No.42181/2018 and connected cases
11
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2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR,
ERNAKULAM DISTRICT-683 520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
C.S.AJITH PRAKASH
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
12
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 4379 OF 2019
PETITIONER:
PARAVUR EZHAVA SAMAJAM,
(REPRESENTED BY ITS SECRETARY), MR. SAJEEVAN M.K.,
AGED 60 YEARS, S/O. KAKKARA, RESIDING AT MANALIL
HOUSE, MAKKANAY, MANNAM (P.O.), PARAVUR,
ERNAKULAM DISTRICT, PIN-683520.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN-683520.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR,
ERNAKULAM DISTRICT, PIN-683520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADVS.
ANOOP V.NAIR
C.S.AJITH PRAKASH
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
13
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 6175 OF 2019
PETITIONER:
SREE VENKATACHALAPATHY DEVASWOM TRUST,
NORTH PARAVUR, (REPRESENTED BY ITS ADMINISTRATOR),
MR. VENUGOPAL P., AGED 54 YEARS, RESIDING AT
KANNANPARAMBIL, WEST OF TOWN LPS, KMK JUNCTION,
NORTH PARAVUR, PARAVUR[P.O], ERNAKULAM DISTRICT,
PIN-683513.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN - 683 520.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY,NORTH PARUR,
ERNAKULAM DISTRICT - 683 520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADVS.
C.S.AJITH PRAKASH
ANOOP V.NAIR
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
14
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 6117 OF 2019
PETITIONERS:
1 T.S. SALIM,
AGED 52 YEARS,
S/O. THYKOOTTATHIL KRISHNAN SUSEELAN, RESIDING AT
THYKOOTTATHIL HOUSE, ST. GERMAIN S. ROAD, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683 513.
2 K.S. JYOTHIS,
AGED 60 YEARS,
S/O. K.M. SREEDHARAN, RESIDING AT
KALAVAMPARAJYOTHISSADMA, T.D. ROAD, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN-683513.
3 M.V. JOSE,
AGED 62 YEARS,
RESIDING AT MAZHUVANCHERRY, VADAKKEKARA P.O.,
PATTANAM, NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683522.
4 LEELA SAKTHIDHARAN,
AGED 74 YEARS,
W/O. SAKTHIDARAN (LATE), VENMALASSERY HOUSE, NORTH
PARAVUR, ERNAKUAM DISTRICT, PIN-683513.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
WP(C) No.42181/2018 and connected cases
15
2024:KER:70432
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN-683513.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT, PIN-683513.
3 STAE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADVS.
C.S.AJITH PRAKASH
ANOOP V.NAIR
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
16
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 6093 OF 2019
PETITIONERS:
1 ANTONY ELIGIUS K.J.,
AGED 52 YEARS,
S/O. JOSEPH, RESIDING AT KURISUVEETTIL HOUSE,
KACHERIPADY, NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683513.
2 MR. PAUL VALENTINE,
AGED 55 YEARS,
S/O. K.P. JOSEPH, RESIDING AT KURISUVEETTIL HOUSE,
NEAR BEENA HOSPITAL, NJARACKAL, ERNAKULAM
DISTRICT, PIN-682505.
3 MR. K.P. JOSEPH,
AGED 90 YEARS,
S/O. PAILE, RESIDING AT KURISUVEETTIL HOUSE, NEAR
BEENA HOSPITAL, NJARACKAL, ERNAKULAM DISTRICT,
PIN-682505.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN-683 513.
WP(C) No.42181/2018 and connected cases
17
2024:KER:70432
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT, PIN-683 513.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SHRI.C.S.AJITH PRAKASH,SC, NORTH PARAVUR MUNICI
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
18
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 6607 OF 2019
PETITIONERS:
1 M.A.MAJEED,
AGED 60 YEARS,
S/O.ALI, RESIDING AT MANNANTHARA HOUSE,
PUTHENCHIRA P O, THRISSUR DISTRICT, PIN - 680 682,
(REPRESENTED BY HIS POWER OF ATTORNEY HOLDER)
MR.M.A.SALAM,
AGED 53 YEARS, RESIDING AT MANNANTHARA HOUSE,
PUTHENCHIRA P O, THRISSUR DISTRICT, PIN - 680 682.
2 M.A.SALAM,
AGED 53 YEARS, RESIDING AT MANNANTHARA HOUSE,
PUTHENCHIRA P O, THRISSUR DISTRICT, PIN - 680 682.
3 M.A.ASHRAF, AGED 58 YEARS, S/O.ALI, RESIDING AT
MANNAMTHARA HOUSE, PUTHENCHIRA P O, THRISSUR
DISTRICT, PIN - 680 682.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR,ERNAKULAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN - 683 513.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY,
NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683 513.
WP(C) No.42181/2018 and connected cases
19
2024:KER:70432
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR
MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
20
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 7013 OF 2019
PETITIONER:
ABDUL KAREEM K.K,
AGED 65 YEARS,
S/O.KASSIM,
RIDHVANA MAHAL, ST.GERMAINS ROAD, NORTH PARUR,
ERNAKULAM - 683 513.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.S.UMA DEVI
SRI.V.R.SANJEEV KUMAR
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRRESENTED BY
ITS SECRETARY, PIN - 683 520.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT - 683 520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
SRI.C.S.AJITH PRAKASH,SC,PARAVUR MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
21
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 7087 OF 2019
PETITIONER:
MR.JOSEPH ANTONY,
AGED 39 YEARS
S/O M.J.ANTONY, MALIENKAL HOUSE, MAIN ROAD, NORTH
PARAVUR, ERNAKULAM-683 513.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY , PIN 683 513.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT, PIN 683 513.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
SHRI.C.S.AJITH PRAKASH,SC, NORTH PARAVUR
MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
22
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 7432 OF 2019
PETITIONER:
MRS.BHUVANESWARI SATHYAPALAN,
AGED 63 YEARS,
W/O.DR.SATYAPALAN, POLAKULATH HOUSE, MARKET ROAD,
KOMBARA JUNCTION, ERNAKULAM-682018.
BY ADV PRAVEEN.H.
RESPONDENTS:
1 NORTH PARUR MUNCIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT-683520,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT-683520.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADVS.
SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR MUNICIPALITY
C.S.AJITH PRAKASH
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
23
2024:KER:70432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 8047 OF 2019
PETITIONERS:
1 MRS.TEYA BRIGHT,
AGED 33 YEARS,
W/O BRIGHT MATHEW, MALIEKAL HOUSE, ST.GERMAINES
ROAD, NORTH PARAVUR, ERNAKULAM-683 513.
2 MR. BRIGHT MATHEW,
S/O M.J.MATHEW, MALIEKAL HOUSE,ST.GERMAINES ROAD,
NORTH PARAVUR, ERNAKULAM- 683 513.
3 MR.MATHEW M.J,
MALIEKAL HOUSE,NORTH PARAVUR TALUK, NORTH PARAVUR,
ERNAKULAM- 683 513.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 NORTH PARUR MUNICIPALITY,
NORTH PARUR, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN - 683 513.
2 THE SECRETARY,
NORTH PARUR MUNICIPALITY, NORTH PARUR, ERNAKULAM
DISTRICT, PIN - 683 513.
WP(C) No.42181/2018 and connected cases
24
2024:KER:70432
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADV SHRI.ANOOP V.NAIR, SC, NORTH PARAVUR
MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP, LSGD
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024, ALONG WITH WP(C).42181/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42181/2018 and connected cases
25
2024:KER:70432
JUDGMENT
[WP(C) Nos.42181/2018, 2077/2019, 2083/2019,3082/2019,
4356/2019, 4379/2019, 6093/2019,6117/2019, 6175/2019,
6607/2019, 7013/2019, 7087/2019, 7432/2019 and 8047/2019]
This writ petitions have been filed challenging the validity of
Rule 9(4d) of the Kerala Municipality (Property Tax, Service Cess and
Surcharge) Rules, 2011 on the ground that they are ultra vires the
provisions of Section 233(4) of the Municipality Act. It appears that
the issue is covered against the petitioners by the judgment of a
Division Bench of this Court (W.A.No.531 of 2022 dated 30.07.2024).
The Division Bench while considering the validity of Rules 9(4a) and
9(4c) of the aforesaid Rules held as follows:-
"8. It is relevant to note that amendments were
brought to the Municipality Act by Act 8 of 2014. Sub-section
(4) was substituted with effect from 25.11.2012. The
provision, as amended, reads as follows:-
"233. Property Tax.-
xxx xxx (4) The limits of rates of basic property tax fixed by the Government under sub-section (2) and the rates of basic property tax once determined by the Council subject thereto under sub-section (3) shall be in force for five years from the date on which they come into force and thereafter on WP(C) No.42181/2018 and connected cases
2024:KER:70432 completion of every five years, the Government and the Council, respectively, shall, revise the rates of basic tax in such a manner as to have an enhancement of twenty five per cent on the existing limits and rates by the completion of the period of every five years, so as to be in force for the next five years. While assessing the tax in accordance with the revised rate of tax as stated above,-
(a) in the case of buildings which are new, reconstructed and altered in usage, the Secretary shall fix the tax as prescribed and take further action;
(b) in the case of building which does not belong to the category stated in Clause (a) and the annual property tax of which was fixed once based on the plinth area, the Council shall, for the purpose of revising the annual property tax for the succeeding five year period, revise the tax by enhancing the existing annual property tax along with twenty five per cent of the same and accordingly the Secretary shall give demand notice for next five years to the owner of the building:
Provided that while revising such annual property tax, no deduction or enhancement under sub-section (7) shall be applicable.]"
9. Sub-section (19) of Section 233 provides power to the Government to make rules in respect of matters mentioned thereunder. By Act 8 of 2014, item (ii) under sub- section (19) was also substituted with effect from 25.11.2012. The newly introduced provision reads as follows:-
"(ii) determination of the maximum and minimum limit of enhancement of annual property tax."
10. We note that these legislative changes were not brought to the notice of the learned Single Judge. The learned Single Judge examined the vires of Rules 9(4a) and 9(4c) on the basis of un-amended provisions of Section 233.
11. Rules 9(4a) and 9(4c) have been apparently WP(C) No.42181/2018 and connected cases
2024:KER:70432 introduced to ensure a minimum enhancement of annual property tax in the case of assessment with respect to buildings for residential purpose and buildings for commercial purpose respectively. Power to incorporate such a rule is evidently available to the Government under Section 233 (19) by virtue of introduction of the substituted item (ii) extracted above. Hence, we do not agree with the submission of the respondent that Rules 9(4a) and 9(4c) are ultra vires the Act.
12. The other argument to be addressed is regarding the reference to the previous assessment in the above rules. The specific contention of the learned counsel for the respondent is that the rules therefore result in following assessment made on the basis of annual value as the basis for calculation, despite the change of the basis of taxation to plinth area. We note that rules 9(4a) and 9(4c) have limited application, only for the initial fixation of property tax on the basis of plinth area. Assessment under the Rules can only be on the basis of plinth area, in tune with the amended provisions of Section 233. The effect of the Rules is only that they stipulate a minimum enhancement of the tax payable, to the rate as per the previous assessment. In effect, if the rate of tax according to the assessment on the basis of plinth area is less, the minimum rate will be fixed as per the Rule, obviously to protect the interest of revenue. That cannot be considered as indirect reintroduction of the earlier basis of assessment, the annual value. Incorporating Rules to fix minimum and maximum limits are permitted by the provisions of the Act we have referred above. Hence the impugned Rules are well in tune with the Act."
2. Though the Division Bench judgment was in
relation to the provisions of Rules 9(4a) and 9(4c), the principles laid WP(C) No.42181/2018 and connected cases
2024:KER:70432 down by the Division Bench equally apply to the determination of
validity of Rule 9 (4d) also.
In that view of the matter, I find no merit in the contentions
taken in the writ petitions. These writ petitions fail and are accordingly
dismissed.
Sd/-
GOPINATH P. JUDGE DK WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 42181/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O.(MS) 144/15/LSGD DATED 27/04/2015 ISSUED BY THE GOVERNMENT(RELEVANT PORTION)
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 2ND AND 3RD PETITIONERS ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 4TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 12/12/2018 SUBMITTED BY THE 5TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 6TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 7TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 8TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 9TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
WP(C) No.42181/2018 and connected cases
2024:KER:70432
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 10TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P11 TRUE COPY OF THE OBJECTION DATED 07/11/2018 SUBMITTED BY THE 11TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 13/11/2018 ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO.36872/2018.
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 2083/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETIES IN THE NAME OF THE PETITIONER'S ASSOCIATION ON 30/10/1974.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION G.O.(MS) 144/15/LSGD DATED 27/04/2015 ISSUED BY THE GOVERNMENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 13/11/2018 ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO.36872/2018.
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 2077/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO(MS) 144/15/LSGD DATED 27.4.2015 ISSUED BY THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 2ND PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 3RD PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 4TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 5TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 31.12.2018 SUBMITTED BY THE 6TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 31.12.2018 SUBMITTED BY THE 7TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 31.12.2018 SUBMITTED BY THE 8TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 9TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2. WP(C) No.42181/2018 and connected cases
2024:KER:70432 EXHIBIT P11 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 10TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P12 TRUE COPY OF THE OBJECTION DATED 7.12.2018 SUBMITTED BY THE 11TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED 13.11.2018 ISSUED BY THIS HON'BLE COURT
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 3082/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO(MS)144/15/LSGD DATED 27/04/2015 ISSUED BY THE GOVERNMENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE 2ND PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE 3RD PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE 4TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE 5TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 31/12/2018 SUBMITTED BY THE 6TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 07/12/2018 SUBMITTED BY THE 7TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 23/01/2019 ISSUED BY THIS HON'BLE COURT IN WP(C)NO.2077/2019.
WP(C) No.42181/2018 and connected cases
2024:KER:70432
EXHIBIT P10 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 16.12.2016 ISSUED BY THE TAHSILDAR, PARUR NAMING THE LEGAL HEIRS OF SRI.K.I.MATHEW EXHIBIT P11 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 16.12.2016 ISSUED BY THE TAHSILDAR, PARUR NAMING THE LEGAL HEIRS OF SMT.SUSY MATHEW WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 4356/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO(MS) 144/15/LSGD DATED 27.4.2015 ISSUED BY THE GOVERNMENT WTIH TRANSLATION
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 2ND PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 3RD PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 4TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 5TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 6TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 7TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 8TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2 WP(C) No.42181/2018 and connected cases
2024:KER:70432
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 9TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P11 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE 10TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 4379/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO.
(MS)144/15/LSGD DATED 27.04.2015 ISSUED BY THE GOVERNMENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 07.01.2019 SUBMITTED BY THE PETITIONER SAMAJAM ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO.2077/2019.
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 6175/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO (MS) 144/15/LSGD DATED 27.04.2015 ISSUED BY THE GOVERNMENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE PETITIONER DEVASWOM TRUST ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 6117/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO(MS) 144/15/LSGD DATED 27.04.2015 ISSUED BY THE GOVERNMENT
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 2ND PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 3RD PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 4TH PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 6093/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O(MS) 144/15/LSGD DATD 27-04-2015 ISSUED BY THE GOVERNMENT
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 08-02- 2019 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 08-02- 2019 SUBMITTED BY THE 1ST, 2ND AND 3RD PETITIONERS ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 23- 01-2019 ISSUED BY THIS HON'BLE COURT IN W.P(C) NO. 2077/2019.
WP(C) No.42181/2018 and connected cases
2024:KER:70432
APPENDIX OF WP(C) 6607/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O(MS) 144/15/LSGD DATD 27-04-2015 ISSUED BY THE GOVERNMENT
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 1ST, 2ND AND 3RD PETITIONERS ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT IN W.P(C) NO. 2077/2019.
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 7013/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O(MS) 144/15/LSGD DATED 27-04-2015 ISSUED BY THE GOVERNMENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/775 WITH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/766 WITH TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/774 WITH TRANSLATION.
EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/772 WITH TRANSLATION.
EXHIBIT P6 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/773 WITH TRANSLATION.
EXHIBIT P7 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/770, III/771, III/771-1 WITH TRANSLATION.
EXHIBIT P8 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE SHOP BEARING DOOR NO.III/767, III/768, III/769 WITH TRANSLATION.
WP(C) No.42181/2018 and connected cases
2024:KER:70432 EXHIBIT P9 TRUE COPY OF THE DEMAND NOTICE DATED 10.07.2018 ISUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS.2,132/-P.A FOR THE HOUSE SITUATED IN DOOR NO.VI/938 (NEW DOOR NO.VII/1090) WITH TRANSLATION.
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT IN W.P(C) NO. 2077/2019.
WP(C) No.42181/2018 and connected cases
2024:KER:70432
APPENDIX OF WP(C) 7087/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO(MS) 144/15/LSGD DATED 27.04.2015 ISSUED BY THE GOVERNMENT
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'LE COURT IN
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 7432/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY MRS.OMANA GOPALAN (LATE) IN THE NAME OF THE PETITIONER ON 21.5.2015 VIDE DOCUMENT NO.476/2015 OF SRO NORTH PARAVUR.
EXHIBIT P2 TRUE COPY OF ONE SUCH RECEIPT ISSUED BY THE VILLAGE OFFICER, PARAVUR IN THE NAME OF THE PETITIONER EVIDENCING PAYMENT OF PROPERTY TAX FOR RS.200/- ON 01.08.2015.
EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOCHI MUNICIPAL CORPORATION EVIDENCING THE DEATH OF MRS.NALINI BHASKARAN.
EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 27.06.2017 ISSUED BY THE 1ST RESPONDENT RELATING TO THE DOOR NOS.VI/524, VI/525, VI/526, VI/527 EVIDENCING PAYMENT OF RS.7078/-.
EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 25.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE DOOR NOS.VI/525, VI/526, VI/527 EVIDENCING PAYMENT OF RS.5203/-.
EXHIBIT P6 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 25.01.2018 ISSUED BY THE 1ST RESPONDENT RELATING TO THE DOOR NOS.VI/524 EVIDENCING PAYMENT OF RS.1875/-.
EXHIBIT P7 TRUE COPY OF THE DEMAND NOTICE DATED 08.11.2018 ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS.66015/- FOR THE PERIOD 2013-14 TO 2017-18 RELATING TO BUILDING WITH DOOR NO.7/569. WP(C) No.42181/2018 and connected cases
2024:KER:70432 EXHIBIT P8 TRUE COPY OF THE DEMAND NOTICE DATED 08.11.2018 ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS.29984/- FOR THE PERIOD 2013-14 TO 2018-19 RELATING TO BUILDING WITH DOOR NO.7/570.
EXHIBIT P9 TRUE COPY OF THE DEMAND NOTICE DATED 08.11.2018 ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS.28686/- FOR THE PERIOD 2013-14 TO 2018-19 RELATING TO BUILDING WITH DOOR NO.7/571.
EXHIBIT P10 TRUE COPY OF THE DEMAND NOTICE DATED 08.11.2018 ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS.15116/- FOR THE PERIOD 2013-14 TO 2018-19 RELATING TO BUILDING WITH DOOR NO.7/572.
EXHIBIT P11 TRUE COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE FROM THE TALUK OFFICE,KANAYANNUR TALUK, ERNAKULAM DISTRICT ON 23.05.1979 EVIDENCING THE DEATH OF SRI.(LATE)K.G.BHASKARAN.
EXHIBIT P12 TRUE COPY OF THE NOTIFICATION GO.
(MS)144/15/LSGD DATED 27.4.2015 ISSUED BY THE GOVERNMENT.
EXHIBIT P13 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2 AGAINST EXHIBIT P7 TO P10 DEMAND NOTICES.
EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER DATED 23.1.2019 ISSUED BY THIS HON'BLE COURT IN WPC.NO.2077/2019.
WP(C) No.42181/2018 and connected cases
2024:KER:70432 APPENDIX OF WP(C) 8047/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION GO(MS) 144/15/LSGD DATED 27.4.2015 ISSUED BY THE GOVERNMENT
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 08.02.2019 SUBMITTED BY THE 2ND PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 8.2.2019 SUBMITTED BY THE 3RD PETITIONER ADDRESSED TO THE RESPONDENTS 1 AND 2
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 23.01.2019 ISSUED BY THIS HON'BLE COURT
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO 474/2019/LSGD DATED 01.03.2019 ISSUED BY THE GOVERNMENT OF KERALA LSGD DEPARTMENT.
EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.
540/2019/LSGD DATED 06.03.2019 ISSUED BY THE GOVERNMENT OF KERALA LSGD DEPARTMENT.
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