IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WA.No. 1039 of 2009 --------------- --------------------- AGAINST THE JUDGEMENT IN WPC.10856/2009 Dated 02/04/2009 .................... APPELLANT/PETITIONER ------------------------------------ V.V.ABOOBACKER HAJI, S/O.THERUVATH POCKER, AGED 62 YEARS, VALIYAKATH VEETTIL, VENMANAD, PAVARATTY POST, CHAVAKKAD, THRISSUR DISTRICT, KERALA STATE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM, THRISSUR DISTRICT. 3. THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-33, REPRESENTED BY ITS THE MANAGING DIRECTOR. 4. THE CHIEF MANAGER, THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, SMART CENTRE, KOKKALAI, THRISSUR-21. 5. THE VILLAGE OFFICER, KUNNAMKULAM VILLAGE OFFICE, KUNNAMKULAM, THRISSUR DISTRICT. 6. DAVID @ THAVU, S/O.EYYAPPAN, KANHIRATHINGAL HOUSE, THEKKEPURAM DESOM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 7. ROY, S/O.DAVID, KANHIRATHINGAL HOUSE, THEKKEPURAM DESOM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, NOW RESIDING AT ULLOOR GARDEN, KESAVADASAPURAM, THIRUVANANTHAPURAM. W.A.NO.1039/2009 - 2 - 8. CHARLY, S/O.DAVID, KANHIRATHINGAL HOUSE, THEKKEPURAM DESOM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. R1 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R3 & 4 BY ADV.SRI.GRASHIOUS KURIAKOSE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No.1039 of 2009 ------------------------------------------ Dated, this the 25th day of May, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner in the writ petition. The writ petition was filed challenging Ext.P1 demand notice for property tax. The learned Single Judge dismissed the writ petition without prejudice to the liberty of the petitioner to pursue the matter before the appellate forum. The learned Standing Counsel appearing for the Municipality submits that Ext.P2 can be treated as an appeal. 2. In that view of the matter, we dispose of the writ appeal directing the appellate forum to consider Ext.P2 with notice to the petitioner, 4th respondent and respondents 6 to 8 and pass appropriate orders thereon in accordance with law within a period of two months from the date of production of a copy of this judgment. The appellant will furnish a copy of this judgment along with a copy of the memorandum of writ appeal to W.A.No.1039 of 2009 - 2 - respondents 6 to 8 also. We make it clear that we have not adverted to the various contentions and hence all the questions are left open. We also make it clear that it will be open to the appellant to remit the current tax and the pendency of the dispute referred to in the writ appeal shall not stand in the way of the Municipality accepting current tax as offered by the appellant. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns