Petitioners challenged demand notices under Article 226. Respondent argued full tax was already paid. Court accepted submission and dismissed the petition as nothing survived.
Petition dismissed with no surviving grounds to be decided.
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 DINESH KUMAR SINGH
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 8365 OF 2019
PETITIONER/S:
1 MOHAMMED ALTHAF.V.S AGED 52 YEARS S/O.LATE ABDUL SALAM, VALIYAVEETTIL, FORT VALLEY, KAKKANAD, KOCHI-682030.
2 SHAMEENA ALTHAF, AGED 44 YEARS W/O.MOHAMMED ALTHAF.V.S., S/O.LATE ABDUL SALAM, VALIYAVEETTIL, FORT VALLEY, KAKANAD, KOCHI-682030. BY ADVS. P.SANJAY SMT.A.PARVATHI MENON
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM-695001. 2 THE SECRETARY, MARADU MUNICIPALITY, KRL ROAD, NEAR KUNDANOOR JUNCTION, KERALA-680304. BY ADV SRI.T.R.RAJAN SC,MARADU MUNICIPALITY BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.8365 of 2019
2
JUDGMENT
Sd/-
DINESH KUMAR SINGH
JUDGE
Shg
WP(C) No.8365 of 2019
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APPENDIX OF WP(C) 8365/2019
| PETITIONER EXHIBITS | |
|---|---|
| EXHIBIT P1 | TRUE COPIES OF DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 12/12/2018. |
| EXHIBIT P1(a) | TRUE COPIES OF THE DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 12/12/2018. |
| EXHIBIT P1(b) | TRUE COPIES OF THE DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 12/12/2018 |
| EXHIBIT P1(c) | TRUE COPIES OF THE DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 12/12/2018 |
| EXHIBIT P1(d) | TRUE COPIES OF THE DEMAND NOTICES DATED 12-12- 2018. |
| EXHIBIT P1(e) | TRUE COPIES OF THE DEMAND NOTICES DATED 12-12- 2018. |
| EXHIBIT P1(f) | TRUE COPIES OF THE DEMAND NOTICES DATED 12-12- 2018. |
| EXHIBIT P1(g) | TRUE COPIES OF THE DEMAND NOTICES DATED 12-12- 2018. |
| EXHIBIT P2 | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001905 BUILDING NUMBER 6/45 DATED 05/09/2018. |
| EXHIBIT P2(a) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001906 BUILDING NUMBER 6/46 DATED 05/09/2018. |
| EXHIBIT P2(b) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001912 BUILDING NUMBER 6/47 DATED 05/09/2018. |
| EXHIBIT P2(c) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001908 BUILDING NUMBER 6/48 DATED 05/09/2018. |
| EXHIBIT P2(d) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001909 BUILDING NUMBER 6/49 DATED 05/09/2018. |
| EXHIBIT P2(e) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001910 BUILDING NUMBER 6/50 DATED 05/09/2018. |
| EXHIBIT P2(f) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001911 BUILDING NUMBER 6/51 DATED 05/09/2018. |
| EXHIBIT P2(g) | TRUE COPIES OF THE RECEIPTS OF THE TAX RECEIPT NO.0001907 BUILDING NUMBER 6/52 DATED 05/09/2018. |
| EXHIBIT P3 | TRUE COPY OF THE REPRESENTATION DATED 28/02/2019. |
| EXHIBIT P3(a) | TRUE COPY OF THE RECEIPT ISSUED BY MARAUD MUNICIPALITY DATED 28/02/2019. |
1 issue framed by the court
Whether the writ petition survives after payment of the entire tax demanded in the impugned notices.
1 provisions across 1 enactments
MOHAMMED ALTHAF V.S.
SHAMEENA ALTHAF
STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF LOCAL SELF GOVERNMENT
THE SECRETARY, MARADU MUNICIPALITY
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
