IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 11019 of 2008(J) -------------------------- PETITIONER: ------------ P.K.RAVEENDRAN, SANKARAMANGALAM, AYMANAM P.O, KOTTAYAM. BY ADV. SRI.V.B.PREMACHANDRAN SRI.D.K.GOPINATHAN SRI.S.MADHAVAN NAIR RESPONDENTS: ------------- 1. THE STATE OF KARALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN:695001. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, KOTTAYAM. PIN:686 002. 3. THE SECRETARY, GRAMA PANCHAYATH, AYMANAM, AYMANAM P.O., KOTTAYAM. PIN:686 015. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.11019 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008 JUDGMENT I have heard the submissions of Sri.V.B.Premachandran, counsel for the petitioner and those of learned Government Pleader who has taken notice on behalf of the first respondent. Even though Sri.V.B.Premachandran has addressed me very strenuously and persuasively, I do not find any infirmity about Ext.P3 order of the Panchayat determining the annual tax assessment in respect of the building in question at Rs. 1600/-. At the same time, I find that the third prayer in the writ petition is that the Panchayat be directed to refund the excess tax already paid by the petitioner during the period from 2000 to 2004. This prayer in my opinion is reasonable. In fact in Ext.P3 order itself, there is a direction to refund a sum of Rs. 748/- which has been paid by the petitioner as excess. Considering prayer No.3, I dispose of the writ petition directing the third respondent to refund excess tax paid by the petitioner above WPC.No.11019/08 2 the annual assessment of Rs. 1600/- which is legally and correctly refundable on the basis of Ext.P3 assessment order which is confirmed by this judgment, if not already refunded. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.11019/08 2