Suresh Varghese vs Kochi Municipal Corporation
2024 Latest Caselaw 28462 Ker

Kerala High Court

Suresh Varghese vs Kochi Municipal Corporation on 25 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                               2024:KER:71510

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
  WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,
                              1946
                    WP(C) NO. 16288 OF 2024
PETITIONER:

         SURESH VARGHESE,
         AGED 50 YEARS
         PALACHIRAKKAL HOUSE, 10B NOEL GREEN NATURE,
         KAKKANAD, ERNAKULAM DISTRICT, PIN - 682 030.

         BY ADVS.
                 T.U.ZIYAD
                 ADARSH KUMAR
                 K.M.ANEESH
                 SHASHANK DEVAN



RESPONDENTS:

    1    KOCHI MUNICIPAL CORPORATION,
         REPRESENTED BY ITS SECRETARY, ERNAKULAM, KOCHI,
         PIN - 682 011.

    2    THE SECRETARY,
         KOCHI MUNICIPAL CORPORATION, ERNAKULAM, KOCHI,
         PIN - 682 011.

    3    THE ASSISTANT EXECUTIVE ENGINEER,
         KOCHI MUNICIPAL CORPORATION,
         VYTTILA ZONAL OFFICE, VYTTILA, ERNAKULAM, KOCHI,
         PIN - 682 020.

         BY ADV SOBHAN GEORGE


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                                         2024:KER:71510
WP(C) 16288/2024                                 2


                                   JUDGMENT

This writ petition has been filed seeking the following

reliefs:

i. "issue a writ of mandamus or other appropriate writ, order or direction commanding respondents to consider, accept and receive the half yearly instalment of property tax for the petitioner's building bearing No.54/2737A for the period germane to the second half of 2023-2024, as requested by the petitioner in Exhibit-P16.

ii. issue such other orders as are deemed fit and proper in the circumstances of the case".

The interim relief sought for by the petitioner in the writ

petition was as follows:

"For the reasons stated in the foregoing paragraphs, it is respectfully prayed that this Hon'ble Court may be pleased to commanding respondents to provisionally accept and receive the half yearly instalment of property tax for the petitioner's building bearing No.54/2737A for the period germane to the second half of 2023-2024."

2. This Court by order dated 14-06-2024 allowed the

interim relief prayed for. Following which it is submitted that 2024:KER:71510

the petitioner has already remitted the property tax.

3. In the light of the above, I am of the opinion that

nothing further survives for consideration in this writ petition.

Writ petition is accordingly closed, making the interim

order absolute.

Sd/-

GOPINATH P. JUDGE ats 2024:KER:71510

APPENDIX OF WP(C) 16288/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE BUILDING PERMIT DATED 21.10.2009 ISSUED TO PETITIONER BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 12/8/2016 IN APPEAL NO: 343/2015 OF THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit P3 TRUE COPY OF THE BUILDING PERMIT DATED 5.6.2017 ISSUED TO PETITIONER BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 17.12.2018 OF THE TRIBUNAL IN APPEAL NO. 722/2017.

Exhibit P5 TRUE COPY OF THE JUDGMENT RENDERED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN WRIT APPEAL NO. 1830 OF 2017 DT.31.8.2017.

Exhibit P6 TRUE COPY OF THE ORDER DATED 15.02.2018 IN APPEAL NO. 39/2018 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 11.4.2019 IN WP( C) NO. 1963/2019.

Exhibit P8 TRUE COPY OF THE ORDER NO. KRP2,641/09 DATED NIL ISSUED BY THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 18.7.2019 ISSUED BY 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPLY DATED 16.8.2019 SUBMITTED BEFORE 2ND RESPONDENT BY THE PETITIONER.

2024:KER:71510

Exhibit P11 TRUE COPY OF THE PROPERTY TAX RECEIPT NO.

0134025 DATED 19.05.2020 ISSUED BY 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE JUDGEMENT IN W.P. (C) NO.22996 OF 2020 DATED 23-11-2020 OF THIS HON'BLE COURT.

Exhibit P13 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN W.P.(C ) 1963 OF 2019 DATED 22.7.2019.

Exhibit P14 TRUE COPY OF THE JUDGEMENT OF THE HON'BLE HIGH COURT IN W.P( C) NO.8446 OF 2022 DATED 18.3.2022.

Exhibit P15 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11-04-2023.

Exhibit P16 TRUE COPY OF THE REQUEST TO PAY THE SECOND HALF-YEARLY INSTALMENT DATED 22-03-2024.

Exhibit P17 TRUE COPY OF THE RECEIPT GERMANE TO EXHIBIT P16 REQUEST TO PAY PROPERTY TAX DATED 22.3.2024.