Sayed Mohammed vs The Kunnamkulam Municipality on 16 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1791 of 2009(L)


1. SAYED MOHAMMED, RESIDING AT MELATHAYIL
                      ...  Petitioner

                        Vs



1. THE KUNNAMKULAM MUNICIPALITY,
                       ...       Respondent

                For Petitioner  :SRI.V.CHITAMBARESH (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/01/2009

 O R D E R
                             S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                       W. P (C) No. 1791 of 2009
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                  Dated this, the 16th January, 2009.

                            J U D G M E N T

The petitioner challenges the assessment order passed by the

respondent, assessing the second floor of a building owned by the

petitioner to enhanced property tax despite having paid the tax

originally assessed. According to the petitioner, this is a mala fide

and vindictive action of the respondent as explained in the writ

petition, in so far as the ground floor and first floor are assessed to

property tax for far lesser amounts than the assessment now made on

the 2nd floor.

2. I am of opinion that in so far as the Kerala Municipality Act

and Rules provide for an appeal against the order of assessment now

passed, the petitioner should exhaust that remedy first. Therefore,

without prejudice to the right of the petitioner to challenge the

impugned order in an appeal as provided in the Act and Rules, this

writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.