High Court Kerala High Court

Simu Francis vs Secretary on 20 June, 2008

Kerala High Court
Simu Francis vs Secretary on 20 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13667 of 2008(B)


1. SIMU FRANCIS, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. SECRETARY, NARAKKAL GRAMA PANCHAYATH,
                       ...       Respondent

                For Petitioner  :SRI.S.VINOD BHAT

                For Respondent  :SRI.S.SREEKUMAR

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/06/2008

 O R D E R
                          ANTONY DOMINIC, J.

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                = =W.P.(C) = = = = = = = = = = = =
                            No. 13667 OF 2008 B
                     = = =

                    Dated this the 20th June 2008

                            J U D G M E N T

The challenge in this writ petition is against Ext. P2.

2. Ext. P2 is a communication issued by the respondent to the

petitioner declining to accept building tax in respect of building No.

II/47C. According to the Panchayat, there are two reasons. One is

that the building is in the name of one Anie, wife of Ittoop and the

other is that the building number has been cancelled for the reason

that according to the Panchayat, the building is unsuitable for

commercial purposes.

3. The fact that the building is in existence is fairly clear from

Ext. P6. If that be so, when tax is offered to be paid, there is no

reason for the Panchayat to decline its acceptance. However, if

according to the Panchayat the building is not suitable enough and

is in a dangerous condition it is always open to the Panchayat to

exercise its statutory powers and the acceptance of tax shall be

without prejudice to any such action.

Writ petition is disposed of as above.

ANTONY DOMINIC
JUDGE
jan/-