Disposed

Assanmanu v. State of Kerala

Kerala HC15 Dec 2016WP(C)/782/2012

Case brief

AI extract

What is this about?

The High Court of Kerala closed multiple writ petitions challenging a 2011 building tax enhancement notification. The court ordered that petitions be closed as the Government had amended the rules and issued a fresh notification in 2014, leaving petitioners to file fresh challenges against the amended notification.

What did the court decide?

Writ petitions closed leaving contentions open to be urged against the amended notification. No costs.

Assanmanu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938

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WP(C).No. 782 of 2012 (W)

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PETITIONER(S):

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1. ASSANMANU,AGED 55 YEARS

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S/O. AVARANKUTTY, PANDIKASALA HOUSE, P.O.RAMANATTUKARA, CALICUT-673 633.

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2. K.T.MOHAMEDKUTTY, AGED 58 YEARS S/O. KUNHAMUTTY, ZAMEERA MANZIL, COLLEGE ROAD, P.O.RAMANATTUKARA, CALICUT-673 633.

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3. P.P.ABOOBACKER

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S/O. KUTTIALI, PUTHENPEEDIYAKAL HOUSE, THOTTUNGAL, P.O.RAMANATTUKARA, CALICUT-673 633.

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4. PATHUMMAKUTTY W/O. AVARANKUTTY, PANDIKASALA HOUSE, P.O.RAMANATTUKARA, CALICUT-673 633.

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BY ADVS.SRI.K.RAMAKUMAR (SR.)

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SRI.S.M.PRASANTH SMT.SMITHA GEORGE

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2. THE RAMANATTUKARA GRAMA PANCHAYAT RAMANATTUKARA, KOZHIKODE, REPRESENTED BY ITS SECRETARY, PIN-673 633.

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'RAMANATTUKARA MUNICIPALITY, REPRESENTED BY THE SECRETARY, RAMANATTUKARA, KOZHIKODE - 673 633.

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(R2 IS SUBSTITUTED AS PER ORDER DATED 10.12.2015 IN IA 17538/15.)

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R2 BY ADV. SRI.P.B.KRISHNAN R2 BY ADV. SMT.GEETHA P.MENON R2 BY ADV. SRI.N.AJITH R1 BY ADV. GOVERNMENT PLEADER SRI. K.J. MANURAJ (SR.)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2016, ALONG WITH WPC. 4972/2012, WPC. 7261/2012,WPC 16140/2012, WPC 17145/2012, WPC. 17409/2012, WPC. 17410/2012, WPC 22349/2012,WPC. 5967/2013, WPC. 26646/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 782 of 2012 (W)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1 : TRUE COPY OF KERALA PANCHAYAT RAJ (BUILDINGS, SERVICE CHARGE AND SURCHARGE) RULES PUBLISHED BY THE GOVERNMENT OF KERALA VIDE GO(A)NO.20/2011/LSGD, DTD.14.1.2011.

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EXT.P2 : TRUE COPY OF DRAFT NOTIFICATION NO.A3.8623/11, DTD.29.9.2011 ISSUED BY R2 PUBLISHED IN THE MATHRUBHOOMI DAILY,DTD.2.10.2011.

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EXT.P3 : TRUE COPY OF FINAL NOTIFICATION NO.A3.8623/11 PUBLISHED IN THE MATHRUBHOOMI DAILY, DTD.20.12.2011.

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EXT.P4 : TRUE COPY OF REPRESENTATION DTD.25.10.2011 SUBMITTED BY THE 1ST PETITIONER BEFORE R2.

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EXT.P5 : TRUE COPY OF REPRESENTATION DTD.28.10.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE R2.

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EXT.P6 : TRUE COPY OF RESOLUTION NO.3 OF THE MEETING OF THE 2ND RESPONDENT PANCHAYATH HELD ON 26.11.2011.

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EXT.P7 : TRUE COPY OF CHART PREPARED BY THE PETITIONERS REGARDING THE PAYMENT OF TAX STRUCTURE AS ON 1.4.2011.

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RESPONDENTS' EXHIBITS:

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EXT.R2(A) DATED 22.03.12-A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC(C) NO.782 OF 2012 (G)

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

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===================== W.P.(C) Nos. 782 - W, 4972 - V, 7261 - G, 16140 - N, 17145 - P, 17409 - A, 17410 - A, 22349 of 2012 - P, 5967 - U and 26646 of 2013 - E

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=================================== Dated this the 15^th day of December, 2016

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J U D G M E N T

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The petitioners had challenged the building tax enhancement made by notification of the year 2011(SRO No.406/2011 dated 14.01.2011). Subsequently, the Government considered the objections raised and made suitable amendments in the year 2013 and fresh notification issued in the year 2014.

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The writ petitions hence would stand closed, leaving open the contentions of the petitioners to be urged, if any against the amended notification. No costs.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/15/12/2016

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// true copy //

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P.A to Judge

Assanmanu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Assanmanu v. State of Kerala

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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