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. 9268 of 2009(C) ------------------------------- PETITIONER: -------------- DR.S.MOHANDAS, EYE SPECIALIST, XVI/495, VATHIAD, HOSPITAL ROAD, KOLLAM - 691 001. BY MS.S.KARTHIKA, ADVOCATE. MR.M.S.UNNIKRISHNAN, ADVOCATE. MS.K.P.GEETHA MANI, ADVOCATE. MR.M.R.ANISON, ADVOCATE. RESPONDENTS: ----------------- 1. THE SECRETARY, CORPORATION OF KOLLAM, KOLLAM. 2. STANDING COMMITTEE (TAXES), CORPORATION OF KOLLAM, KOLLAM. 3. STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. BY MR.T.GOPALAKRISHNAN, SC, KOLLAM CORPN. FOR R1&R2 MS. K.R. DEEPA, GOVERNMENT PLEADER. 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.9268 OF 2009 ---------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioner has constructed a four storied building, each storey having 125 square metres of area. The petitioner claimed exemption from payment of property tax on the ground that he is an Ex-Serviceman and as per Ext.P3 Government Order, the Ex- Servicemen are exempted from payment of property tax in respect of building used for residential purposes. Despite several reminders, no reply was received by the petitioner on his application for exemption. Thereafter, the petitioner was served with Ext.P7, whereby the petitioner’s application was stated to be rejected on the ground that the petitioner is conducting a hospital in that building and exemption is available under Ext.P3 only for building actually used for residential purpose. The petitioner resorted to proceedings under the Right to Information Act for knowing the basis of such finding. He was served with Ext.P8 order of the Secretary along with Ext.P8 report of the Revenue W.P.(c)No.9268/09 2 Inspector. The petitioner filed Ext.P10 appeal before the 2nd respondent - Standing Committee (Taxes) of the Corporation against those orders. The petitioner now seeks a direction to the 2nd respondent Standing Committee (Taxes), to consider and pass orders on Ext.P10 appeal expeditiously. 2. I have heard the learned Standing Counsel appearing for respondents 1 and 2 as also the learned Government Pleader. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P10 appeal as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 2nd respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.9268/09 3