IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 20410 of 2008(D) ---------------------------------- PETITIONER(S): --------------- KEREALA ADVERTISING INDUSTRIES ASSOCIATION, IDUKKI , REP. BY ITS SECRETARY BIJU JOSEPH, S/O.JOSEPH, 37 YEARS, OVAL ADVERTISERS, MOOVATUPUZHA, ERNAKULAM BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY MINISTRY OF LOCAL SELF ADMINISTRATION, SECRETARIAT, TRIVANDRUM 2. MOOVATUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, MOOVATUPUZHA, REP. BY ITS SECRETARY ADV. SRI.V.M.KURIAN FOR R2 GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.P.(C) NO.26903/2008 ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. --------------------------------------------- W.P.(C)Nos.20410 & 26903 OF 2008 ---------------------------------------------- Dated this the 6th day of October, 2008 JUDGMENT In these two writ petitions, the petitioners challenge the validity of increase of advertisement tax by the Municipality from Rs.15/- to Rs.300/- per square metre. Earlier it was increased to Rs.500/- per square metre and on a representation by the Kerala Advertising Industries Association, the Municipality took a decision to reduce it to Rs.300/- per square metre. One of the contentions raised by the petitioners is that in Cochin Corporation area, the advertisement tax is only Rs.150/- per square metre and therefore the rate fixed by the Municipality is totally unreasonable. 2. Although a counter affidavit has been filed, I am of opinion that the Municipality should reconsider the matter in the light of the specific averment raised by the petitioners that in Cochin Corporation area the advertisement tax is only Rs.150/- per square metre. Accordingly, these two writ petitions are disposed of with the following directions: W.P.(C) No.20410/08 &con.case 2 The petitioners shall file a suitable representation to the Municipality within a period of two weeks from today. On receipt of the same, the Municipality shall reconsider the matter as directed above within a further period of one month therefrom. The petitioners shall be communicated with the decision taken on their representation. Till then, no coercive action for recovery at the present rate shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(C) No.20410/08 &con.case 3