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High Court of KeralaWP(C)/31580/2015disposed of

Sree Gopal Maheswari Rander v. Koratty Grama Panchayat

2015-10-16Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 31580 of 2015 (V) ---------------------------- PETITIONER:

------------------ SREE GOPAL MAHESWARI RANDER, PROPRIETOR, SREE MAHESWARI MARBLE AND GRANITES, CHIRANGARA, KORATTY, THRISSUR DISTRICT.

BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR RESPONDENTS:

------------------------ 1.

KORATTY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KORATTY P.O., THRISSUR 680 308.

2.

THE SECRETARY, KORATTY GRAMA PANCHAYAT, KORATTY P.O., THRISSUR 680 308.

R1 & 2 BY ADV. SRI.PHILIP T.VARGHESE, SC, KORATTY GRAMA PANCHAYATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.31580/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE DEMAND NOTICE GIVEN BY THE 2ND RESPONDENT DATED 22.05.2013 IN RESPECT OF BUILDING NO. X/174 EXHIBIT P2 :

TRUE COPY OF THE DEMAND NOTICE GIVEN BY THE 2ND RESPONDENT DATED 22.05.2013 IN RESPECT OF BUILDING NO. X/175 EXHIBIT P3 :

TRUE COPY OF THE DEMAND NOTICE GIVEN BY THE 2ND RESPONDENT DATED 22.05.2013 IN RESPECT OF BUILDING NO. X/174A EXHIBIT P4 :

TRUE COPY OF THE LAST REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.09.2015. EXHIBIT P5 :

TRUE COPY OF THE REPLY GIVEN UNDER RIGHT TO INFORMATION ACT DATED 05.10.2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 31580 OF 2015 ------------------------------------ Dated this the 16th day of October, 2015

JUDGMENT

The fact remains that the petitioner has paid the amount demanded as property tax under protest. The petitioner has however filed Ext.P4 representation to scale down the tax. It is the case of the petitioner that the sunshade cannot be included in the plinth area of the building.

2.

Ext.P4 representation filed by the petitioner shall be treated as an appeal. The appeal shall be dealt with in accordance with Rule 16 of the Kerala Panchayat Raj (Property Tax and Surcharge) Rules. Ext.P4 representation shall be placed before the Standing Committee of the first respondent panchayat.

3.

The Standing Committee shall deal with the same after notice to the petitioner as expeditiously as possible in the circumstances. Ext.P5 reply to the query made under the Right to Information Act shall be adverted to in the exercise. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd