IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 29538 of 2003(N) ------------------------------------ PETITIONER: ------------------- THE PERUMPADAPPU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PERUMPADAPPU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.RAJU ABRAHAM PULPARA RESPONDENTS: ---------------------- 1. STATE, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT (L) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM. 3. P.BEERAVUNNI MOULAVI, POOVANKARA HOUSE, PERUMPADAPPU P.O., MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29538 of 2003(N) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE LIST DATED 17.8.1999 PREPARED AFTER EVALUATING ANNUAL RENTAL VALUE OF THE BUILDING OF 11 PERSONS. EXT.P2 - TRUE COPY OF THE PETITION DATED 17.9.1999. EXT.P3 - TRUE COPY OF THE INTIMATION GIVEN BY THE PETITIONER REDUCING THE TAX. EXT.P4 - TRUE COPY OF THE APPEAL DATED 23.11.1999 FILED BY THE 3RD RESPONDENT BEFORE THE PANCHAYATH. EXT.P5 - TRUE COPY OF THE COMMUNICATION DATED 8.3.2000 ISSUED BY THE REGISTRAR OF HIGH COURT. EXT.P6 - TRUE COPY OF THE DECISION DATED 13.3.2000 PASSED BY THE PANCHAYATH. EXT.P7 - TRUE COPY OF THE INTIMATION DATED 24.3.2000. EXT.P8 - TRUE COPY OF THE ORDER DATED 5.12.2000 PASSED BY THE 2ND RESPONDENT. EXT.P9 - TRUE COPY OF THE PROCEEDINGS STARTED FROM 5.5.2001. EXT.P10 - TRUE COPY OF THE DECISION DATED 19.10.2002 PASSED BY THE PANCHAYATH COMMITTEE. EXT.P11 - TRUE COPY OF THE NOTICE DATED 16.11.2002. EXT.P12 - TRUE COPY OF THE TELEGRAM DATED 21.4.2003. EXT.P13 - TRUE COPY OF THE LETTER DATED 23.4.2003 SENT BY THE SECRETARY TO THE 1ST RESPONDENT. EXT.P14 - TRUE COPY OF THE ORDER DATED 3.6.2003. EXT.P15 - TRUE COPY OF THE ORDER DATED 18.7.2003. EXT.P16 - TRUE COPY OF THE NOTIFICATION PUBLISHED IN K.G.EX NO. 1118 DATED 14.8.1997. /TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.29538 OF 2003 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T Petitioner-panchayath is aggrieved by the orders passed by the Government and the Deputy Director of Panchayath in the matter of levy of property tax. The main contention of the panchayath is that the authorities have acted without jurisdiction. Apparently, Government was not the appellate authority at the time of passing Exhibit P14 order. 2. There is no appearance for the contesting respondent. Since the Tribunal has been constituted, it is only appropriate that the matter is considered by the Tribunal. Accordingly, Exhibits P14 and P15 are quashed with a direction to the Government to transmit the appeal petition dated 16.12.2002 filed by the third respondent before the Tribunal and thereafter the Tribunal shall dispose of the same, expeditiously. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 29538 OF 2003 J U D G M E N T 28.08.2008