IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 11538 of 2007(W) --------------------------------------- PETITIONER: ------------------- ROY GEORGE,VYSYAMPARAMBIL HOUSE, OFF HOSPITAL ROAD,TRIPUNITHURA. BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. RESPONDENTS: ------------------------ 1. TRIPUNITHURA MUNICIPALITY, REPRESENTED BY ITS SECRETARY,MUNICIPAL OFFICE,TRIPUNITHURA. 2. THE SECRETARY,TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA. R1 & R2 BY MR.V.M.KURIAN, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11538/2007-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE NO.5064 DTD. 01/12/2006 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 09/12/2006. EXT.P.3: COPY OF THE MEMO NO.R2/10347/06 ISSUED BY THE R.2. TO THE PETITIONER DTD. 13/03/2007. EXT.P.4: COPY OF THE MEMO NO.R2/10347/06 ISSUED BY THE R.2. TO THE PETITIONER DTD. 28/03/2007. EXT.P.5: COPY OF THE RECEIPT NO. 096496 DTD. 28/03/2007 ISSUED BY THE R.2. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.11538 OF 2007 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT The petitioner seeks relief against recovery of property tax. While his contention is that the demands are time barred, the municipality has filed a counter affidavit stating that the amounts paid by him were eligible for adjustments and that the action is not barred. There is no reply affidavit on record. I do not find any legal infirmity or jurisdictional error in the impugned action. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/02.