IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 4032 of 2009(E) --------------------------------------------- PETITIONER(S): ---------------------- 1. JOSEPH.V.THOPPIL, S/O.LATE T.A.VARGHESE AGED 49, NO.7A, PALLADIUM PAVLON, EDAPPALLY, COCHIN-24. 2. JACOB MATHEW, S/O.MATHEW, AGED 56, NO.5C, PALLADIUM PAVLON, EDAPPALLY, COCHIN-24. 3. SUSAN VARGHESE, W/O.N.C.VARUGHESE, AGED 70 YEARS, NO.3C, PALLADIUM PAVLON, EDAPPALLY COCHIN-24. BY ADV. SRI.SREELAL N.WARRIER SRI.B.RAGHUNANDANAN RESPONDENT(S): ------------------------- 1. TAHSILDAR AND ASSESSING AUTHORITY (UNDER THE KERALA BUILDING TAX ACT), KANAYANNUR TALUK,. 2. VILLAGE OFFICER, ELAMKULAM VILLAGE, KANAYANNUR TALUK. 3. CAPITAL BUILDERS, A PARTNERSHIP FIRM, 50/958C, P.T.USHA ROAD, KARITHALA DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.. R1, R2 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4032 OF 2009 E -------------------------------------- Dated this the 20th February, 2009 JUDGMENT According to the petitioners, they are owners of apartments. They are aggrieved by Exts.P15 Assessment Order and Ext.P16 demand notice. Ext.P17 is a Judgment of this Court obtained at the instance of Pavlon Block Association, relating to the very same matter. 2. I heard the learned counsel for the petitioners and the learned Government Pleader. Learned Government Pleader points out that the petitioners are bound by Ext.P17 Judgment, as they are members of the petitioner Association in Ext.P17 Judgment, and they cannot be permitted to rake up the issue all over again. No doubt, learned counsel for the petitioners would submit that the Association is only a name-sake Association for limited purpose. Having regard to Ext.P17 Judgment, I do not think that it is open to the petitioners to file this Writ Petition in the teeth of Ext.P17 and if at all, the remedy of the petitioners WPC.4032/09 E 2 lies in seeking redress against Ext.P17. Subject to the above, the Writ Petition is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge