IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30689 of 2006(C)
1. C.M.ZACHARIAH, AGED 59 YEARS,
... Petitioner
Vs
1. THE CHOORNIKKARA GRAMA PANCHAYATH,
... Respondent
For Petitioner :SRI.GEORGE VARGHESE (MANACHIRACKEL)
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :28/11/2006
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C)NO. 30689 of 2006
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Dated this 28th day of November, 2006
JUDGMENT
The petitioner is aggrieved by Ext.P3 demand for property
tax for a building bearing Door No.III/331. The total demand is
Rs.31,765/-. On receiving Ext.P3, the petitioner submitted
Ext.P4 objection pointing out that the tenant who was in
occupation of the building at the time when the Panchayat
decided to enhance the property tax is no longer in occupation
and also that as soon as the tenant vacated, vacancy intimation
had been given to the Panchayat.
2. I do not propose to examine the genuineness of the
grievance voiced by the petitioner. But, since Ext.P4 has been
submitted by the petitioner against Ext.P3 demand, it is only
proper that the Panchayat takes a decision on Ext.P4 after
hearing the petitioner also. Accordingly, this writ petition will
stand disposed of with the following directions:
WPC No.30689/2006 2
i). The first respondent Panchayat will reconsider Ext.P3,
in the light of Ext.P4 and any other materials, which may be
placed by the petitioner before the Panchayat, hear the
petitioner and take a correct and just decision on the issue. This
will be done by the Panchayat at their earliest and at any rate
within two months of their receiving a copy of this judgment.
ii). Till such time as the decision is taken by the
Panchayat as ordered above, the Panchayat will not enforce
Ext.P3 demand provided the petitioner remits a sum of
Rs.3,200/- ( Rupees Three Thousand Two Hundred only) towards
the demand. Payment as ordered above shall be made by the
petitioner within three weeks from today.
PIUS C.KURIAKOSE
Judge
dpk