High Court of KeralaWP(C)/16310/2015disposed of

Pamba Electronics Systems Pvt Ltd v. Chottanikkara Grama Panchayath

2015-06-11Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No. 16310 of 2015 (K) ---------------------------- PETITIONER :

------------------ PAMBA ELECTRONICS SYSTEMS PVT. LTD.

PAMBA HOUSE, KUREEKKAD P.O., THIRUVAMKULAM ERNAKULAM-682305 REPRESENTED BY ITS MANAGING DIRECTOR, P.S.SASIDHARAN, AGED 63 YEARS BY ADVS.SRI.M.S.UNNIKRISHNAN SMT.JAYASREE MANOJ SRI.K.SUNIL SRI.JITHIN PAUL VARGHESE SMT.M.PPRIYANKA SMT.T.P.SHELNA SMT.CHITHRA.S.BABU RESPONDENTS :

----------------------

1. CHOTTANIKKARA GRAMA PANCHAYATH CHOTTANIKKARA P.O., COCHIN-682312 REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY.

CHOTTANIKKARA GRAMA PANCHAYATH, CHOTTANIKKARA P.O., COCHIN-682312.

R1 & 2 BY ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16310 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE NOTICE DATED 4-4-2015 ISSUED BY 2ND RESPONDENT. P2 :

TRUE COPY OF THE DEMAND DRAFT DATED 15-5-2015 IN FAVOUR OF THE 2ND RESPONDENT FOR RS.16,895/- P3 :

TRUE COPY OF THE DEMAND DRAFT DATED 21-5-2015 IN FAVOUR OF THE 2ND RESPONDENT FOR RS.9,300/- P4 :

TRUE COPY OF THE DEMAND DRAFT DATED 21-5-2015 IN FAVOUR OF THE 2ND RESPONDENT FOR RS.37,160/- P5 :

TRUE COPY OF THE REGISTERED NOTICE TO THE 2ND RESPONDENT DATED 21-5-2015.

P6 :

TRUE COPY OF THE ACKNOWLEDGMENT OF EXT P5 NOTICE FROM THE OFFICE OF THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P. A. TO JUDGE bp

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.16310 of 2015 --------------------------------------------- Dated this the 11th day of June, 2015

JUDGMENT

The petitioner is aggrieved by the non-acceptance of the statutory dues including building tax, trade license fee, employer professional tax and employee professional tax by the second respondent.

2. The petitioner alleges that the second respondent is arbitrarily denying an opportunity to the petitioner to pay the statutory dues. The petitioner has sent Ext.P5 notice intimating the second respondent their willingness to pay the debts and also demand drafts for the statutory dues in favour of the second respondent. The second respondent has not accepted the payment of statutory dues for extraneous reasons; it is alleged. It is with this background the petitioner has come up before this Court.

3. Today when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner is ready to remit the statutory dues.

WPC No.16310/2015 2 Considering the said submission, this writ petition is disposed of directing the second respondent to accept the payment of statutory dues by the petitioner.

After remitting the statutory dues, it shall be open to the petitioner to file a proper application before the respondent for assessment of building tax and in the event of filing the same, the same shall be considered by the Panchayat within a period of two weeks from the date of submission of the said application.

sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE