A writ petition seeking mandamus to accept contesting building tax arrears was dismissed. The court held the prayer was without cause of action as the petitioner failed to physically tender the payable amount. Counsel suggested a reply by authorities be issued, but the court bypassed this step and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941
WP(C).No. 9522 of 2019
PETITIONER/S:
K.J.JOSE AGED 70 YEARS
S/O JOSEPH, KIZHAKKEKARA HOUSE, KIZHATHADIYOOR KARA, PALA POST, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT- 686 675.
BY ADV. SRI.JOHNSON MANAYANI
RESPONDENT/S:
BY ADV. SRI.SUJITH MATHEW JOSE, SC, PALA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 9522/2019
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J U D G M E N T
Heard Sri Johnson Manayani, the petitioner's counsel and Sri
Sujith Mathew Jose, the learned counsel for respondents 1 and 2.
respondents, on instructions, submits that the writ prayer is without cause of action. The 1st and 2nd respondents are always
ready and willing to receive the tax payable by the petitioner. The petitioner rushing to this Court without physically tendering the amount payable by him. To give quietus to this avoidable discussion by this Court, he fairly suggests that the respondents could give
reply to Ext.P4 within fifteen days from today, depending on the
amount stated therein and the time within which the amount will
W.P.(C) No. 9522/2019
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have to be deposited etc., the petitioner can, as directed by the
authorities.
The statement is placed on record. The writ petition is disposed of accordingly.
Sd/S.V.BHATTI JUDGE
jjj
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT ON 5.4.2017 IN WPC NO 7587/2017 OF THE HON'BLE COURT OF KERALA EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 16.6.2018 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN WPC NO 22098/2018 DATED 6.7.2018 EXHIBIT P4 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.1.2019
2 issues framed by the court
Whether the writ petition for mandamus to accept tax arrears is maintainable when the petitioner has not physically tendered the amount.
Whether to dispatch a reply to the petitioner's petition before disposing of the matter.
K.J.JOSE
THE PALA MUNICIPALITY
THE SECRETARY PALA MUNICIPALITY
THE SECRETARY TO LOCAL SELF GOVERNMENT
THE STATE OF KERALA
SRI.SUJITH MATHEW JOSE
S.V.BHATTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
