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High Court of KeralaWP(C)/29262/2015disposed of

Adv. U.A.Latheef v. The Manjeri Municipality

2015-10-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 29262 of 2015 (G) ---------------------------- PETITIONERS:

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1. ADV. U.A.LATHEEF, AGED 62 YEARS, S/O MUHAMMED HAJI, BUSHRA MANZIL, MANJERI, MALAPPURAM DISTRICT-676121.

2. HAFSABI, AGED 60 YEARS, W/O. ADV. U.A.LATHEEF, BUSHRA MANZIL, MANJERI, MALAPPURAM DISTRICT-676121. BY ADV. SRI.U.K.DEVIDAS RESPONDENT:

--------------------- THE MANJERI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MANJERI.P.O., MALAPPURAM DISTRICT-676121.

BY SRI.K.SHIBILI NAHA, SC, MANJERI MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29262 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 19.12.1091 EXHIBIT P1(a) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 20.12.1991 EXHIBIT P1(b) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 21.2.1993 EXHIBIT P1(c) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 31.03.1997 EXHIBIT P1(d) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 26.11.2001 EXHIBIT P1(e) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 19.10.2002 EXHIBIT P1(f) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 23.3.2005 EXHIBIT P1(g) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 30.9.2006 EXHIBIT P1(h) TRUE COPY OF THE BUILDING TAX RECEIPT DATED 19.9.2007 EXHIBIT P1(i) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 10.9.2008 EXHIBIT P1(j) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 18.09.2014 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER,MANJERI VILLAGE DATED 03.07.2015 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18.08.2015 PASSED BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DECISION REPORTED IN 2015(1)KLT 309. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 29262 OF 2015 ------------------------------------ Dated this the 6th day of October, 2015

JUDGMENT

The residential buildings in the property of the petitioners were assessed to tax by the municipality evidenced by Ext.P1 series receipts. There can therefore be no objection to pull down the buildings and construct a non residential building if the petitioners so desire. The mere fact that the property has been described as wet land in the Basic Tax Register is not a ground to reject the application for building permit put in by the petitioner.

2.

I quash Ext.P3 order and direct the respondent municipality to reconsider the application for building permit put in by the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd