Disposed

Ummer A.P. v. Cheriyamundam Grama Panchayath

Kerala HC9 Aug 2017WP(C)/7019/2017

Case brief

AI extract

What is this about?

The petitioner challenged a building tax assessment via a writ petition, seeking directions to the Revenue Divisional Officer to decide his pending appeal. The Court dismissed the writ but directed the officer to decide the appeal within one month after hearing, continuing the existing interim stay on recovery.

What did the court decide?

Direction to the Revenue Divisional Officer to consider and pass orders on the petitioner's appeal within one month after hearing him.

Ummer A.P. Vs Cheriyamundam Grama… — Constitutional and Fundamental Rights | Kerala HC (2017)

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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 A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 9TH DAY OF AUGUST 2017/18TH SRAVANA, 1939

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WP(C).No. 7019 of 2017 (B)

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PETITIONER(S):

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UMMER A.P., S/O A.P. MOIDEENKUTTY HAJI, AGED 35 YEARS, ANNACHAPPALLY HOUSE, POST CHERIYAMUNDAM, MALAPPURAM DISTRICT.

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BY ADV. SRI.C.M.MOHAMMED IQUABAL

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RESPONDENT(S):

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1. CHERIYAMUNDAM GRAMA PANCHAYATH, POST CHERIYAMUNDAM, MALAPPURAM DISTRICT-676 106, REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY, CHERIYAMUNDAM GRAMA PANCHAYATH, POST CHERIYAMUNDAM, MALAPPURAM DISTRICT-676 106.

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ADDL. 3RD RESPONDENT IMPLEADED:

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3. THE REVENUE DIVISIONAL OFFICER TIRUR, POST TIRUR, MALAPPURAM DISTRICT-676101.

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*** ADDL. R3 IS IMPLEADED AS PER ORDER DATED 5.7.2017 IN IA.10454/2017.**

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R1 & 2 BY ADV. SRI.JAMSHEED HAFIZ R3 BY SR. GOVERNMENT PLEADER SRI. MATHEW GEORGE VADEKKEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7019 of 2017 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBIT P1 THE TRUE COPY OF THE BUILDING TAX FOR THE YEAR 2010-11 AND 2011-2012 DATED NIL ISSUED BY THE RESPONDENT GRAMA PANCHAYATH. EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 25.3.2015. EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 22.8.2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE SECOND RESPONDENT DATED 14.02.2017. EXHIBIT P5 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE SECOND RESPONDENT DATED 15.02.2017. EXHIBIT P6 THE TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER TIRUR DATED 24.6.2017

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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========================

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W.P.(C) No.7019 of 2017

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======================== Dated this the 9^th day of August 2017

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JUDGMENT

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The petitioner has preferred Ext.P6 appeal before the additional 3^rd respondent against an order of the respondent Panchayath assessing the building of the petitioner to building tax. The limited prayer of the petitioner in this writ petition is for a direction to the additional 3^rd respondent to consider and pass orders on Ext.P6 appeal, expeditiously, after hearing the petitioner.

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I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing Counsel appearing on behalf of the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the additional 3^rd respondent to consider and pass orders on Ext.P6 appeal, preferred by the petitioner, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that, till such time as orders are passed by the additional 3^rd respondent, as directed, and the

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W.P.(C) No.7019 of 2017

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orders communicated to the petitioner, the interim stay against the recovery proceedings that was granted by this Court, shall continue to be in force. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the additional 3^rd respondent, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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// True Copy //

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P.A. to Judge

Ummer A.P. v. Cheriyamundam Grama Panchayath

Case brief

What is this about?

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Ummer A.P. v. Cheriyamundam Grama Panchayath

Case brief

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