Disposed

Rama Varma Club v. Corporation of Kochi

Kerala HC29 May 2012WP(C)/3601/2012

Case brief

AI extract

What is this about?

It is held that proceedings against the petitioner could not be completed without an opportunity of hearing. The petitioner is directed to file an objection within two weeks. Recovery is stayed until proceedings are finalised.

What did the court decide?

Petitioner directed to file objection within 2 weeks; recovery stayed; Respondent to hear parties and pass fresh orders within 3 months.

Rama Varma Club Vs Corporation of Kochi — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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TUESDAY, THE 29TH DAY OF MAY 2012/8TH JYAISHTA 1934

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WP(C).No. 3601 of 2012 (A)

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PETITIONER(S):

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RAMA VARMA CLUB, CLUB ROAD, KOCHI-682 011 REPRESENTED BY ITS HON.SECRETARY.

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BY ADVS.SRI.K.JAJU BABU

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SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SMT.DIVYA CHANDRAN

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RESPONDENT(S):

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1. CORPORATION OF COCHIN, COCHIN-682 011 REPRESENTED BY ITS SECRETARY.

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2. THE MAYOR, CORPORATION OF COCHIN, COCHIN-682 011.

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BY ADV. SRI.BABU KARUKAPADATH,SC,COCHIN CORPORATION BY ADV. SRI.P.K.SOYUZ,SC,COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.3601/2012 A

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE RECEIPTS NOS.0096215, 0096216, 0096217 AND 0096218, FOR PAYMENT OF PROPERTY TAX BY THE PETITIONER

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UP TO 2011-12.

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EXHIBIT P2: TRUE COPY OF THE NOTICE 5-1-2002 UNDER SECTION 242 OF THE ACT ISSUED BY THE RESPONDENT TO THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF THE OBJECTION DATED 21-1-2012 SUBMITTED BY THE PETITIONER TO EXT.P2 TO THE 2ND RESPONDENT.

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EXHIBIT P4: TRUE COPY OF THE DEMAND NOTICE MTF NO.31(23026), (23027), (23028) & (23029) DATED 31-1-2012 ISSUED BY THE RESPONDENT.

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

ANTONY DOMINIC, J.

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--------------------------------------------------

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W.P.(C) NO.3601 OF 2012-A

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--------------------------------------------------

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Dated this the 29^th day of May, 2012

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J U D G M E N T

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Heard the counsel for the petitioner and the Standing Counsel appearing for the respondents. Petitioner is aggrieved by Ext.P2 demand notice. The grievance of the petitioner is that the demand is illegal for the reason that was not preceded by any notice or an opportunity of hearing. It is also contended that on receipt of Ext.P2 notice they filed Ext.P3 representation and that without considering their objection, Ext.P4 series of demand notices were issued. It is challenging these proceedings the writ petition is filed.

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In the counter affidavit filed, the stand taken by the respondents is that the impugned proceedings have been issued in exercise of their powers under Section 242 ofothe Kerala Municipality Act, 1994. It is also their case that if the petitioner is aggrieved, the remedy available to the petitioner is to pursue the appellate remedies.

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Having considered the rival submissions I am inclined to think that the proceedings could not have been completed against

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WPC.No. 3601/2012

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:2 :

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the petitioner without giving them an opportunity to file their objections and affording an opportunity of hearing. Therefore I direct that it will be open to the petitioner to file representation in the nature of objection to Ext.P2. Such objection shall be filed within 2 weeks from today to the first respondent. If an objection is so filed, the first respondent will issue notice to the petitioner, hear them and pass fresh orders in the matter in accordance with law, within three months thereafter.

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Until the proceedings are finalised as above, the interim

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order staying the recovery will continue.

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Writ Petition is disposed of as above.

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(ANTONY DOMINIC) JUDGE

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vi/

Rama Varma Club v. Corporation of Kochi

Case brief

What is this about?

What did the court decide?

Rama Varma Club v. Corporation of Kochi

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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