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Anisha Cherian vs Chairman on 31 March, 2009

Kerala High Court
Anisha Cherian vs Chairman on 31 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10456 of 2009(B)


1. ANISHA CHERIAN,
                      ...  Petitioner

                        Vs



1. CHAIRMAN, APPEAL COMMITTEE,
                       ...       Respondent

2. CHAIRMAN , APPEAL COMMITTE,

3. THE REVENUE OFFICER, CORPORATION OF

                For Petitioner  :SRI.P.RADHAKRISHNAN (1)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :31/03/2009

 O R D E R
                             S. Siri Jagan, J.
              =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                     W. P (C) No. 10456 of 2009
              =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 31st March, 2009.

                           J U D G M E N T

The petitioner has been assessed to property tax by the 1st

respondent. Against the same the petitioner filed Ext. P4 appeal.

While that appeal is pending Ext. P6 special notice has been issued to

the petitioner demanding the disputed tax. The petitioner’s

contention is that it is unjust to recover the disputed tax when the

appeal is pending before the standing committed.

2. I have heard the learned standing counsel for the

Corporation also.

3. I am of opinion that as contended by the petitioner, it is

unjust to recover the disputed property tax from the petitioner during

the pendency of the appeal. Accordingly, I dispose of this writ

petition with a direction to the 1st and 3rd respondents not to recover

the amounts which are in dispute in Ext. P4 appeal till disposal of Ext.

P4. However, I make it clear that the petitioner shall pay the

undisputed property tax.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.

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