IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8855 of 2009(B)
1. MUHAMMED KABEER, S/O.KUNJARAMMU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. FINANCE STANDING COMMITTEE,
3. MANGALAM GRAMA PANCHAYATH,
For Petitioner :SRI.T.S.RAJAN
For Respondent :SRI.C.M.MOHAMMED IQUABAL
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :06/01/2011
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.8855 OF 2009
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Dated this the 6th day of January, 2011
JUDGMENT
The petitioner has constructed a building in Ward No.IV of
Mangalam Grama Panchayath as building No.MP/IV/313 A. Later, the
petitioner was served with Ext.P2 whereby building tax was assessed.
After effecting payment demanded as per Ext.P2, he has filed Ext.P4
appeal dated 30.4.2008 before the second respondent mainly with the
prayer to re-assess the tax and return the balance amount. The grievance
of the petitioner is that it is still pending consideration. The petitioner has
yet another grievance regarding the non-issuance of the ownership
certificate in respect of his building. It is to redress the said grievances
that this Writ Petition has been filed. Despite the receipt of notice in this
proceedings, the respondents did not care to file any counter affidavit in
this Writ Petition.
2. As noticed hereinbefore, the grievance of the petitioner
pertains to the non-disbursal of Ext.P4 appeal as also the non-issuance of
ownership certificate pursuant to Ext.P7. In the circumstances, this Writ
W.P.(C) NO.8855/2009 2
Petition is disposed of as hereunder:
The second respondent is directed to consider Ext.P4 appeal dated
30.4.2008 expeditiously, at any rate, within a period of one month from the
date of receipt of a copy of this judgment. The pendency of Ext.P4 appeal
cannot be a reason for non-consideration of the request of the petitioner for
issuance of ownership certificate especially in the light of Ext.P1. There
will be a further direction to the third respondent to consider Ext.P7
application for issuance of ownership certificate expeditiously, at any rate,
within a period of two weeks from the date of receipt of a copy of this
judgment. While considering Ext.P7 application, Ext.P1 shall be looked
into.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.8855/2009 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C) NO.8855/2009 4