High Court Kerala High Court

Beena Rajesh vs Arpookara Grama Panchayath on 9 April, 2010

Kerala High Court
Beena Rajesh vs Arpookara Grama Panchayath on 9 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4489 of 2007(H)


1. BEENA RAJESH, AGED 35, W/O.LATE RAJESH,
                      ...  Petitioner

                        Vs



1. ARPOOKARA GRAMA PANCHAYATH,
                       ...       Respondent

2. SALIMKUMAR, AGED ABOUT 42 YEARS,

3. MATHEW M. PADAPPAN, AGED ABOUT 42

4. THE DIRECTOR OF PANCHAYATHS,

                For Petitioner  :SRI.JOHN JOSEPH VETTIKAD

                For Respondent  :SRI.M.V.BOSE

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :09/04/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P.(C).No.4489 of 2007-H

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Dated this the 9th day of April, 2010.

Judgment

The petitioner’s husband Rajesh put up a

construction. Exts.P1 and P2 show that the

buildings were assessed to property tax for the

year 2004-05. This was in June-July, 2004.

However, in December 2004, the impugned revision

has been made catapulting the annual property tax

by more than 10 times. For one thing, the

revision could not have been in excess of 25%.

Secondly and more importantly, there could not

have been a revision except quinquennial, in

terms of the statute. Under such circumstances,

the impugned revision and demand on such basis is

unsustainable being contrary to law. The same is

accordingly quashed. The writ petition is hence

allowed to that extent. No costs.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/1704