A single Judge of the Kerala High Court directed the Corporation of Kochi to dispose of a pending representation regarding property tax exemption for an ex-service man's property within three months.
Directed First Respondent to consider Ext.P8 and dispose within 3 months with hearing; no coercive proceedings allowed; no opinion on merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945
WP(C) NO. 1882 OF 2023
PETITIONER:
1SINDHU ANTONY
AGED 49 YEARS
W/O. LATE STENCY GEORGE,
DOOR NO.51/784, (29/1905 E) PURAKKATTU HOUSE,
ST.ANTONY'S LINK ROAD,
THYKOODAM, KOCHI-19, PIN - 682019
BY ADVS.
VIMAL K.CHARLES
M.POLY MATHAI
A.T.RENJU
RESPONDENTS:
1CORPORATION OF KOCHI
REPRESENTED BY THE SECRETARY COCHIN CORPORATION,
KOCHI -11, PIN - 682011
2STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LOCAL SELF
GOVERNMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
BY ADVS.
SMT THUSHARA JAMES, GOVERNMENT PLEADER
K.JANARDHANA SHENOY
R.HARISHANKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.1882 of 2023
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C.S.DIAS, J.
W.P.(C.) No.1882 of 2023
Dated this the 14th day of June, 2023
JUDGMENT
The writ petition is filed, interalia, to direct the first respondent to consider and dispose of Ext.P8 application and until such time to direct the first respondent not to initiate any coercive proceedings as against the petitioner.
husband, an ex-service man, had constructed a residential building as per Ext.P2 building permit in 2007. As her husband was an ex-service man, he is entitled for the property tax exemption upto 2000 sq.ft. Although the petitioner brought the said matter to the notice of first respondent, they are proposing to assess tax against the petitioner.
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WPC No.1882 of 2023
Consequently, the petitioner submitted Ext.P8 representation to the first respondent, on 14.07.2022. But, the same has not been considered. Hence, the writ petition.
Having considered the pleadings and materials on record and taking note of the fact that Ext.P8 representation is pending consideration before the first respondent since 14.07.2022, I deem it appropriate to dispose of the writ petition in the following manner:
(i) The first respondent is directed to consider and dispose of Ext.P8 representation, in accordance with law and as expeditiously as
WPC No.1882 of 2023
4
possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, after affording the petitioner an opportunity of being heard.
(ii) It is made clear that this Court has not expressed anything on the merits of Ext.P8 representation.
The writ petition is ordered accordingly.
Sd/-
C. S. DIAS
JUDGE
SKP/14-06
WPC No.1882 of 2023
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APPENDIX OF WP(C) 1882/2023 |
|
|---|---|
PETITIO |
NER’S EXHIBITS: |
EXHIBIT |
P1TRUE COPY OF THE SERVICE ID OF LATE STENCYGEORGE |
EXHIBIT |
P2TRUE COPY OF THE BUILDING PERMIT DATED9.11.2007 |
EXHIBIT |
P3TRUE COPY OF THE BUILDING PERMIT DATED28.04.2017 |
EXHIBIT |
P4TRUE COPY OF THE GO (MS) NO.106/17/LSGD DATED26.05.2017 ISSUED BY THE LOCAL SELF GOVERNMENT(RC) DEPARTMENT, GOVERNMENT OF KERALA |
EXHIBIT |
P5TRUE COPY OF THE PROPERTY TAX RECEIPT DATED22.10.2008 ISSUED BY THE COCHIN CORPORATION |
EXHIBIT |
P6TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED16.2.2022 IN RESPECT OF THE WHOLE BUILDINGCONSTRUCTED BY THE PETITIONER'S LATE HUSBAND |
EXHIBIT |
P7TRUE COPY OF THE LETTER DATED 28.02.2022 SENTBY THE 1ST RESPONDENT'S SUPERINTENDENT TO THEPETITIONER |
EXHIBIT |
P8TRUE COPY OF THE APPLICATION DATED 14.7.2022FOR EXCEPTION FROM BUILDING TAX |
EXHIBIT |
P9TRUE COPY OF LETTER (ORDER) DATED 28.02.2022SENT BY THE 1ST RESPONDENT BY E-MAIL ON20.09.2022 TO THE PETITIONER |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether the First Respondent Corporation of Kochi is directed to consider and dispose of the pending representation regarding the property tax exemption for the petitioner's late husband.
Whether coercive proceedings are stayed pending the disposal of the pending representation.
SINDHU ANTONY
CORPORATION OF KOCHI
STATE OF KERALA
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court