IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23358 of 2011(T) ---------------------------------------- PETITIONER(S): ---------------------- MANTHRA HOME OWNERS WELFARE ASSOCIATION, TOWER LINE LANE, CHILAVANNOOR ROAD, ERNAKULAM, REPRESENTED BY ITS PRESIDENT K.P. GOPI MOHAN, S/O.LATE E. VISWANATHAN NAIR, AGED 59 YEARS, RESIDING AT 'SAMARPANAM', THOTTUNGATHARA ROAD, KADAVANTHRA SOUTH, COCHIN -20. BY ADV. SRI.T.SAJI, SRI.T.V.JAYAKUMAR NAMBOODIRI. RESPONDENT(S): -------------------------- 1. CORPORATION OF COCHIN, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN- 682 011. 2. CHAIRMAN STANDING COMMITTEE FOR APPEAL ON TAXATION, CORPORATION OF KOCHI, ERNAKULAM- 682 011. R1 & R2 BY ADV. SRI.S.CHANDRASENAN, SC, COCHIN CORPORATION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23358 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPEAL DATED 25/05/2010 SUBMITTED TO THE 1ST RESPONDENT AND PENDING BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF THE NOTICE DATED 11/02/2011 ISSUED BY THE 1ST RESPONDENT FOR APPEARING BEFORE THE 2ND RESPONDENT FOR HEARING ON EXHIBIT P1 APPEAL. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PREDECESSORS OF THE MEMBERS OF PETITIONER, ASSOCIATION. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 23358 OF 2011 ------------------------------- DATED THIS THE 29TH DAY OF AUGUST, 2011 JUDGMENT Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. 2. This writ petition is filed for a direction directing the 2nd respondent to consider and pass orders on Ext.P1 within a time frame to be fixed by this Court and for a direction to the lst respondent not to collect further property tax of the building occupied by the members of the petitioner-association at 'Manthra Home', Chilavannoor Road, Kadavanthra, situated in Sy.No.594/3 of Elamkulam Village till the disposal of Ext.P1 appeal. 3. The learned counsel or the petitioner submits that there is an inordinate delay in disposing Ext.P1 appeal on the part of the 2nd respondent and hence a direction may be issued to the 2nd respondent to consider and dispose of Ext.P1 at an early date. It is submitted that Ext.P1 appeal was filed on 25/5/2010 challenging -2- W.P.(C).No.23358/2011 the assessment order. Ext.P2 is the notice issued by the Corporation posting the matter for hearing on 24/2/2011. Learned counsel for the petitioner submits that on 24/2/2011 the matter was not heard and that the case was adjourned indefinitely without posting on a particulate date. Though he submitted Ext.P3 representation for early hearing, till date the matter was not posted nor any steps taken to dispose of the matter. In such circumstances, the petitioner approached this Court for the reliefs mentioned above. In the circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P1 appeal within a period of two months from the date of receipt of a copy of this judgment. Recovery proceedings if any initiated shall be kept in abeyance till the disposal of the appeal. HARUN-UL-RASHID, Judge. kcv.