IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 3123 of 2006(V) ----------------------------------- PETITIONER: ------------------- SHEEJA JACOB, AGED 30 YEARS, W/O.JACOB JOSEPH(BENNY) DOOR NO.C.C.36/1341,D-8,CENTRE COURT APARTMENTS, LISEY ROAD,ERNAKULAM, NOW AT FIRGROVE NURSING HOME,21,KEYMER ROAD,BURGESS HILL,WEST SUSEX RH 150 AL,U.K.,REP.BY POWER OF ATTORNEY HOLDER JACOB JOSEPH(BENNY) AGED 36 YEARS, S/O/P.C. JOSEPH (LATE) PERMANENTLY RESIDING AT POOVATHUNKAL(H),PARATHODU P.O.,KANJIRAPPILLY, KTM. BY ADV. SRI.P.T.DINESH SMT.SUSMITHA P.MALLAYA RESPONDENTS: ---------------------- 1. COCHIN CORPORATION, REPRESENTED BY ITS SECRETARY, COCHIN CORPORATION, KOCHI. 2. STANDING COMMITTEE FOR FINANCE REPRESENTED BY ITS CHAIRMAN, STANDING COMMITTEE FOR FINANCE, COCHIN CORPORATION, KOCHI. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R1 & R2 SMT.T.N.GIRIJA FOR R1 & R2 SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3123 of 2006(V) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE SALE DEED NO. 3953/1999 DATED 24.9.1999. EXT.P2 - TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 329333 DATED 27.1.1999. EXT.P3 - TRUE COPY OF THE REPRESENTATION FILE BY THE PETITIONER DATED 13.12.1999 TO THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION. EXT.P4 - TRUE COPY OF THE ORDER NO. 54958/B4/1999/ THE SWA BHA VA DATED 19.01.2000 BY THE GOVERNMENT OF KERALA. EXT.P5 - TRUE COPY OF THE LETTER NO. CER4-RP/42/99-2000 DATED 9.2.2000 BY THE FIRST RESPONDENT EXT.P6 - TRUE COPY OF THE COVERING LETTER DATED 03.6.2000 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P6(a) - TRUE COPY OF THE LETTER FROM SUPER INTERNATIONAL REAL ESTATE. EXT.P7 - TRUE COPY OF THE ORDER NO. CER4-AP/23/99-2000 DATED 14.2.2000 BY THE FIRST RESPONDENT. EXT.P8 - TRUE COPY OF THE SPECIAL NOTICE NO. DS 60/192 DATED 10.2.2003 BY THE FIRST RESPONDENT. EXT.P9 - TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. 12434 OF 2003 DATED 9.4.2003. EXT.P10 - TRUE COPY OF THE SPECIALNOTICE DATED 6.12.2005 ISSUED BY THE RESPONDENT. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.3123 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T This writ petition is filed mainly with the following prayers: i) Declare that levying of Rs.1633/- and Rs.1463/- as half yearly property tax for the flat of the petitioner bearing Door No.CC 36/134 (I) having a total plinth area of 690 Sq. Ft is highly discriminatory and unjust as the flat bearing Door No.CC 36/134J having same plinth area in the same building is assessed Rs.680/- as property tax half yearly. ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents to assess property tax of the petitioner's flat bearing Door No.CC 36/134 (I) as Rs.680/- half yearly without levying LC and PI. There will be a direction to the respondents to consider and dispose of the review petition filed by the petitioner, if not already disposed of, with notice to the petitioner, within a period of three months from the date of receipt of a copy of this judgment. Interim order passed by this Court will continue till such time and making it also clear that the fate of the steps W.P.(C) No.3123/06 2 taken by the petitioner pursuant to the interim order will depend on the order thus passed by the respondents. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.3123/06 3 KURIAN JOSEPH, J. W.P.(C) No. 3123 OF 2006 J U D G M E N T 01.09.2008