IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10215 of 2009(V) -------------------------------- PETITIONER: -------------- PIONEER NIRMAN PVT.LTD, PLOT No.1, MARINE DRIVE, COCHIN - 682 031, REPRESENTED BY ITS MANAGING DIRECTOR. BY MR.K.P.VIJAYAN, ADVOCATE. MR.V.M.SYAM KUMAR, ADVOCATE. MS.KRIPA ELIZABETH MATHEWS, ADVOCATE. RESPONDENTS: ------------------ 1. THE SECRETARY, CORPORATION OF KOCHI, CORPORATION OFFICE, P.B.No.1018, ERNAKULAM, COCHIN - 682 011. 2. THE CORPORATION OF KOCHI, CORPORATION OFFICE, P.B.No.1018, ERNAKULAM, COCHIN - 682 011, REPRESENTED BY ITS SECRETARY. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE MINISTRY OF LOCAL ADMINISTRATION, SECRETARIATE, THIRUVANANTHAPURAM. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. MR. S. RAMESH BABU, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.10215 OF 2009 ---------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioner constructed a building called 'Pioneer Towers' in the Ernakulam Marine Drive. The entire building has been sold to customers. There is a cellar of the building, which is used as a car parking area for the entire building by the owners of flats and commercial space in the building complex. According to the petitioner, the petitioner does not have anything to do with that building any more. Therefore, the car parking area is kept as a common facility for the owners of the flats and shop rooms in the building. In spite of the same, the petitioner has been repeatedly directed by the Corporation of Kochi to pay property tax in respect of the cellar/parking area. Therefore, the petitioner filed W.P.(C)No.11096/2007, in which Exts.P23 to P25 interim orders have been passed, wherein the Corporation has been directed not to issue any further demand notices or other process demanding property tax in respect of basement/cellar floor of the building 'Pioneer Towers'. The petitioner's grievance in this writ petition is W.P.(c)No.10215/0-9 2 that in spite of the same, the petitioner has been served with Ext.P26 demand notice for property tax. 2. I have heard the learned Standing Counsel for the Corporation also. If the petitioner has got a case that the interim orders in W.P.(C)No.11096/07 is being violated, the petitioner's remedy lies in filing a contempt case against the 1st respondent for violating the interim order in that writ petition. If the petitioner wants to challenge the impugned order also, it is only appropriate to do the same by filing an appropriate petition in that writ petition itself. Therefore, without prejudice to those remedies, this writ petition is closed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.10215/0-9 3