Dismissed

Corporation of Cochin, Represented by Its Secretary v. Vyttila Mobility Hub Society, Represented by Its Managing Director

Kerala HC15 Jul 2024WP(C)/5658/2018

Case brief

AI extract

What is this about?

The Corporation of Cochin challenged a Tribunal order directing fresh assessment of building tax on the Vyttila Mobility Hub Society's platform, toilet and food court. The court found no reason to interfere with the direction to reconsider the matter afresh and dismissed the petition.

What the court decided

AI extract

Corporation of Cochin, Represented by Its… — Municipal and Town Planning | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 5658 OF 2018

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PETITIONER :-

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CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY
KOCHI CORPORATION, ERNAKULAM,KOCHI - 682 011.

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BY ADVS.

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SRI.E.D.GEORGE
SRI.C.N.PRABHAKARAN

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RESPONDENT :

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VYTTILA MOBILITY HUB SOCIETY,
REPRESENTED BY ITS MANAGING DIRECTOR
VYTTILA MOBILITY HUB SOCIETY,VYTTILA,
ERNAKULAM - 682 019.

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BY ADV SRI.M.AJAY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5658 OF 2018

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JUDGMENT

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This writ petition is filed with the following prayers :-

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(i) issue a writ of certiorari or any other writ, order to quash Exhibit-P7 order dated 9/1/2015 in R.P.1/2014 passed by the Tribunal for Local Self Government Institution, Thiruvananthapuram

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(ii) To issue any other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

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This writ petition is filed challenging Ext.P7 order passed by the Tribunal for Local Self Government Institution. The respondent is a Society constituted with an intention for constructing a mobility hub project. The Corporation of Cochin, the petitioner herein assessed the building bearing Nos.30/948-A and 30/948-B, consisting of platform, toilet and food court. Ext.P1 notice was issued demanding an amount of Rs.1,96,463 and Rs.52,125/-

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Aggrieved by Ext.P1 – notice the respondent filed appeal and thereafter revision before the statutory

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WP(C) NO. 5658 OF 2018

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authorities. In Ext.P7, the statutory authority had directed the petitioner to reassess the building on reasons stated in paragraph 8 and 9 of Ext.P7 order. Aggrieved by the same, the petitioner has approached this Court with the above writ petition. The respondent is also a public authority.

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On a perusal of Ext. P7, the authority concerned has passed an order directing the reassessment of the demand issued by the petitioner. In paragraph 9 of Ext.P7, it is stated that on the basis of G.O.(P) No.17/2011/LSGD dated 14.01.2011 and G.O.(P) No.18/2011/LSGD dated 14.01.2011 fresh assessment has to be conducted by the petitioner.

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On considering the facts of the case, I do not find any reason to interfere with the order passed by the Tribunal for Local Self Government Institution. The direction is only to reconsider the matter afresh.

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Accordingly, the writ petition is dismissed. The petitioner is directed to pass consequential orders as stated in Ext.P7, within a period of two months from the date of receipt of a

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WP(C) NO. 5658 OF 2018

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certified copy of the judgment, with notice to the respondent. The petitioner will be at liberty to raise demands, in

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accordance with law.

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SHOBA ANNAMMA EAPEN JUDGE

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SMA

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WP(C) NO. 5658 OF 2018

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APPENDIX OF WP(C) 5658/2018

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PETITIONER EXHIBITS :-

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EXHIBIT-P1TRUE COPY OF THE NOTICE DATED 29/01/2017
EXHIBIT-P2TRUE COPY OF THE OCCUPANCY CERTIFICATE
DATED 22/01/2013
EXHIBIT-P3TRUE COPY OF THE FILE NO. KRR 3-3639/13
DATED 02/12/2013
EXHIBIT-P4TRUE COPY OF THE ORDER DATED 05/12/2011
EXHIBIT-P5TRUE COPY OF THE COVERING LETTER DATED
26/12/2013
EXHIBIT-P6TRUE COPY OF THE REVISION PETITION FILED
BY THE RESPONDENT
EXHIBIT-P7TRUE COPY OF THE ORDER DATED 09/01/2015
IN R.P 1/2014 PASSED BY THE TRIBUNAL FOR
LOCAL SELF GOVERNMENT INSTITUTION,
THIRUVANANTHAPURAM
EXHIBIT-P8TRUE COPY OF THE LETTER DATED 13/11/2017
BY THE RESPONDENT

Corporation of Cochin, Represented by Its Secretary v. Vyttila Mobility Hub Society, Represented by Its Managing Director

Case brief

What is this about?

What the court decided

Corporation of Cochin, Represented by Its Secretary v. Vyttila Mobility Hub Society, Represented by Its Managing Director

Case brief

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What the court decided

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