High Court Kerala High Court

T.K. Koshy vs The Corporation Of Kochi on 31 August, 2007

Kerala High Court
T.K. Koshy vs The Corporation Of Kochi on 31 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 624 of 2004()


1. T.K. KOSHY, 29/715-A, JANATHA
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF KOCHI, REPRESENTED
                       ...       Respondent

2. REVENUE OFFICER, CORPORATION OF KOCHI,

3. THE CHAIRMAN, TAXATION AND FINANCE

                For Petitioner  :SRI.PHILIP MATHEW

                For Respondent  :SRI.K.ANAND, SC, COCHIN CORPN.

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :31/08/2007

 O R D E R
                        PIUS C. KURIAKOSE, J.
                          -------------------------------
                         C.R.P. No. 624 OF 2004
                        -----------------------------------
                  Dated this the 23rd day of August, 2007

                                 O R D E R

In this Civil Revision Petition, the petitioner who is an assessee to

property tax by the 1st respondent, Corporation of Cochin, in respect of

his residential building having door No.29/715-A, situated at Janatha

Sahakarana Road near Vyttila, Kochi impugns the judgment dt.24.03.04

in CMA No.211 of 2001 on the files of the 2nd Additional District Judge,

Ernakulam.

2. In the CMA, the petitioner challenged the decision of the

Taxation and Finance Committee of the Corporation of Cochin in appeal

against the order of the Revenue Officer in respect of property tax

assessment for the building in question. The 1st respondent is the

Corporation of Cochin and 2nd respondent is the Revenue Officer and

the 3rd respondent is the Chairman of the Taxation and Finance

Committee. The petitioner submits that originally annual rental value of

the building was fixed by the 1st respondent at Rs.60,000/- and that the

rental value of the land on which the building is situated, at Rs.500/-.

On the basis of such fixation, the yearly property tax was fixed at

Rs.7,275/- with effect from 01.04.90. On filing revision before the

Revenue Officer, the annual rental value of the building was re-fixed at

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Rs.54,000/- and accordingly the property tax was redetermined at

Rs.5,260/- per year. In appeal, the 3rd respondent reduced the annual

rental value of the building to Rs.40,000/- and that of the land to

Rs.250/- and the property tax was re-fixed at Rs.3,878/-. The above

assessment was challenged by the revision petitioner by filing CMA

No.125 of 2000 before the District Court, Ernakulam. The District Court

by its judgment dt.13.11.2000, set aside the order of the appellate

authority, the 3rd respondent, on the ground that the order passed by the

3rd respondent was a non-speaking one and remanded the case for a

fresh consideration on merits by the 3rd respondent. After remand

though the petitioner appellant sought for calling for and perusal of the

records for a comparative examination of the property tax payable in

respect of a neighbouring building No.31/354-A, that application was not

considered. But, after undertaking a local inspection by the 3rd

respondent, a fresh order was passed reducing the annual rental value

of the building from Rs.40,000/- to Rs.36,000/-. But as regards the

annual rental value of the land what was done was to enhance the same

from the originally fixed amount of Rs.250/- to Rs.500/-. Thus the

property tax was re-assessed at Rs.3,531/- per annum. The half yearly

payment thus being Rs.1,766/-. Annexure A is the said order. It is

against Annexure A , the petitioner filed CMA No.211 of 2001 before the

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District Court. In the CMA, the petitioner filed IA No.1018 of 2001 for a

direction to the respondents for producing the records relating to the

property tax assessment of a neighbouring building No.31/354-A.

Though the IA was allowed, the respondents did not comply with the

said order and thereafter the revision petitioner produced a certified

copy of the relevant page of the property tax assessment register

maintained by the Corporation in respect of building No.31/354-A. The

District Court, however, after hearing, passed Annexure B order

dismissing CMA No.211 of 2001. It is impugning Annexure B that the

present Civil Revision Petition has been filed urging various grounds.

3. Very elaborate submissions were addressed before me by

Sri.Philip Mathew, learned counsel for the revision petitioner.

Sri.K.Anand, learned Standing Counsel for the Corporation would

strongly resist all the submissions of Mr.Philip Mathew. I have

considered the rival submissions made at the Bar. I have gone through

the various documents made available for my perusal at the Bar. I am

of the view that there is justification for re-fixing the annual rental value

of the building belonging to the petitioner at Rs.30,000/- and there was

no justification at all for the respondents to have enhance the annual

rental value of the land at Rs.500/-. I set aside the impugned order and

allow the Civil Revision Petition to the extent of re-fixing the annual

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rental value of the building belonging to the petitioner at Rs.30,000/- and

that of the petitioner’s land at Rs.250/-. The 1st respondent is directed to

ensure that fresh consequential orders are passed by the concerned

authority at the earliest.

The Civil Revision Petition is allowed to the above extent but

without any order as to costs.

PIUS C. KURIAKOSE, JUDGE
btt

CRP No. 624 of 2004
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