Disposed

A.K.Nazar, v. Attingal Municipality

Kerala HC27 May 2019WP(C)/10638/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking relief for property tax receipt issuance, trade license renewal, and removal of obstruction. The Court directed the first respondent to dispose of the petitioner's representation within four weeks and did not adjudicate the merits.

What did the court decide?

Directed the first respondent to consider Exhibit-P11 and dispose of it within four weeks; liberty to challenge the order if aggrieved.

A.K.Nazar, Vs Attingal Municipality — Property and Title | Kerala HC (2019)

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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 S.V.BHATTI

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MONDAY, THE 27TH DAY OF MAY 2019 / 6TH JYAISHTA, 1941

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WP(C).No. 10638 of 2019

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PETITIONER:

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A.K.NAZAR, AGED 62 YEARS S/O ABDUL KHADER, ALSAFA VILLA, MUDAVARAM, CHIRAYINKIL, THIRUVANANTHAPURAM 695 304.

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BY ADV. SRI.G.S.REGHUNATH

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RESPONDENTS:

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1 ATTINGAL MUNICIPALITY, ATTINGAL, THIRUVANANTHAPURAM -695 101,REPRESENTED BY ITS SECRETARY.

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2 SECRETARY, ATTINGAL MUNIPALITY , ATTINGAL, THIRUVANANTHAPURAM695 101

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3 STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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OTHER PRESENT:

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SRI. AYYAPPAN SANKAR., GP. SRI. MATHEW GEORGE VADAKKEL.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10638 of 2019

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JUDGMENT

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Heard Mr. G.S Raghunath, the counsel for the

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petitioner and the Mr. Ayyappan Sankar, the

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learned Standing Counsel for the respondent.

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The petitioner prays for the following reliefs;

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(I) That a writ of mandamus or other order be issued directing the respondents to receive the property tax for the shop rooms in Alsafa Towers detailed in Exhibit-P1 series and issue receipts for the same.

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(ii) that the respondents be directed to renew the trade licence for the shops conducted by petitioners detailed in Exhibits -P5 to P10.

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(III)that the respondents be directed to consider Exhibit- P11 and pass orders on the same within a time to be fixed by this Hon'ble Court.

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(iv) that the 1^st respondent be directed not to obstruct the business conducted in the shop rooms detailed in Exhibit-P1 series, till a decision is taken on Exhibit-P11.

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and

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(v) That the petitioner be granted such further reliefs as are appropriate and incidental to this Writ Petition.

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WP(C).No. 10638 of 2019

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-3-

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The learned counsel appearing for the

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parties state that Ext. P11 if is considered and a decision is taken by the 1^st respondent, a few

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of the other grievances now canvassed get resolved and the petitioner would also come to know where he stands viz. the property tax payable to the 1^st respondent. It is further stated that there is no adjudication on the real issues and which disposing of Ext.P11, the 1^st respondent expresses his view, the petitioner if aggrieved, by such view can work out the remedies in accordance with law.

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The statements made by the counsel are noted and the writ petition is disposed of by this order. The 1^st respondent considers and disposes of Ext.P11 within four weeks from the date of receipt of a copy of this order. The petitioner if he is aggrieved by order or any

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WP(C).No. 10638 of 2019

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-4portion of the order, is given the liberty to challenge the same in properly instituted

proceedings.

SD/-

S.V.BHATTI

JUDGE

WP(C).No. 10638 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPTS FOR THE SHOP ROOMS PAID FOR THE PERIOD 2017-18 DATED 22.2.2018 RECEIPT NO 11057,DATED 25.9.2017 RECEIPT NO 5769, DATED 25.9.2017 RECEIPT NO 5768, DATED 25.9.2017 RECEIPT NO 5767, DATED 25.9.2017 RECEIPT NO 5766 DATED 25.9.2017, RECEIPT NO 5765, DATED 25.9.2017 RECEIPT NO 5764, DATED 25.9.2017 RECEIPT NO 5763 DATED 25.9.2017 RECEIPT NO NO 5760 DATED 22.2.2018,RECEIPT NO 11053, DATED 22.2.2018 RECEIPT NO.11054, DATED 22.2.2018 RECEIPT NO 11055 AND DATED 22.2.2018 RECEIPT NO 11056.

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EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 5.8.2011 WITH RESPECT TO DOOR NOS 1373 TO 1377 WHERE THE PETITIONER IN CONDUCTING BAKERY INTERNET CAFE AND FOOTWEAR SHOP

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EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 4.10.2018 FOR PAYMENT OF PROFESSIONAL TAX FOR CONDUCTING A REDYMADE SHOP IN X1/1655

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EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 4.10.2018 WITH RESPECT TO SHOP X1/1656 WHERE THE PETITIONER IS CONDUCTING ALSAFA PRESS

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EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 13.3.2018 NO 15153 ISSUED BY RESPONDENT MUNICIPALITY

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WP(C).No. 10638 of 2019

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-6-

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EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 13.3.2018 NO 017117010114707 ISSUED BY RESPONDENT MUNICIPALITY

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EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 13.3.2018 NO 017117010114706 ISSUED BY RESPONDENT MUNICIPALITY

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EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 13.3.2018 NO 017117010114705 ISSUED BY RESPONDENT MUNICIPALITY

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EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 13.3.2018 NO 017117010114709 ISSUED BY RESPONDENT MUNICIPALITY

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EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 13.3.2018 NO 017117010114708 ISSUED BY RESPONDENT MUNICIPALITY

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EXHIBIT P11 TRUE COPY OF THE REPRESENTATION GIVEN BY PETITIONER TO 1ST RESPONDENT DATED 21.02.2019

A.K.Nazar, v. Attingal Municipality

Case brief

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A.K.Nazar, v. Attingal Municipality

Case brief

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