High Court Kerala High Court

V.V.Alosious vs The Tribunal For Local Self … on 4 February, 2010

Kerala High Court
V.V.Alosious vs The Tribunal For Local Self … on 4 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3746 of 2010(P)


1. V.V.ALOSIOUS,41/3059 E,CHITTOOR ROAD,
                      ...  Petitioner
2. CYRIL XAVIER,41/3059 A,B,C & D,

                        Vs



1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
                       ...       Respondent

2. THE SECRETARY,CORPORATION OF KOCHI,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/02/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 3746 OF 2010 (P)
                 =====================

           Dated this the 4th day of February, 2010

                           J U D G M E N T

The challenge in this writ petition is against Ext.P11, an

order passed by the Tribunal for Local Self Government

Institutions returning Ext.P8 revision filed by the petitioners

against Ext.P7 appellate order passed by the Council of the

Corporation of Kochi, for the reason that petitioners have not

remitted the building tax dues and that the Tribunal did not have

the power to dispense with that requirement of remittance of tax.

2. Revision is filed under Section 509(8) of the Kerala

Municipality Act. Section 509(11) provides that no revision shall

be filed against the levy of tax, if the tax shown in the demand

notice has not been paid. There is no provision in the Act enabling

the Tribunal to dispense with the aforesaid requirement. Even

according to the petitioners, towards Ext.P4 demand notice

served on them, they have remitted only 50% of the amount so

far. If that be so, there is non compliance of Section 509(11), and

consequently, the view taken by the Tribunal in Ext.P11 cannot be

faulted.

WPC 3746/10
:2 :

3. At this stage, counsel for the petitioners submits that

they may be given some time to comply with the requirement of

remittance as per Section 509(11) and re-present the revision.

Taking into account this submission, it is directed that if the

petitioners remit the tax due within two weeks from today and re-

present the revision, that will be entertained by the Tribunal.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp