IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 8855 of 2009(B) ------------------------- PETITIONER(S): --------------- MUHAMMED KABEER, S/O.KUNJARAMMU, AGED 39 YEARS, MANKADAVATH HOUSE, KAVANCHERRY P.O., THIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.S.RAJAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. LOCAL SELF GOVT. DEPARTMENT (RURAL), SECRETARIAT ANNEX, THIRUVANANTHAPURAM-1. 2. FINANCE STANDING COMMITTEE, MANGALAM GRAMA PANCHAYATH, MANGALAM P.O., MALAPPURAM DISTRICT, PIN-676 561, REP. BY ITS CHAIRMAN. 3. MANGALAM GRAMA PANCHAYATH, MANGALAM P.O., MALAPPURAM DISTRICT, PIN-676 561, REP. BY ITS SECRETARY. ADV. SRI.C.M.MOHAMMED IQBAL FOR R2 & R3 GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.8855/2009 APPENDIX PETITIONER'S EXHIBITS: P1: True copy of residential/Ownership Certificate dated 9.4.08 issued by the 3rd respondent. P2: True copy of the building tax bill. P3: True copy of receipt of building tax. P4: True copy of the appeal filed by the petitioner before the second respondent dated 30.4.08. P5: True copy of the application submitted by the petitioner before the 3rd respondent dated 6.8.08. P6: True copy of the reply issued by the 3rd respondent dated 30.08.08. P7: Receipt No.6302/10 dated 28.10.2010 issued by the 3rd respondent. P8: Reminder filed by the petitioner before the third respondent dated 19.11.2010. RESPONDENTS' EXHIBITS: nil C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.8855 OF 2009 -------------------------------------------- Dated this the 6th day of January, 2011 JUDGMENT The petitioner has constructed a building in Ward No.IV of Mangalam Grama Panchayath as building No.MP/IV/313 A. Later, the petitioner was served with Ext.P2 whereby building tax was assessed. After effecting payment demanded as per Ext.P2, he has filed Ext.P4 appeal dated 30.4.2008 before the second respondent mainly with the prayer to re-assess the tax and return the balance amount. The grievance of the petitioner is that it is still pending consideration. The petitioner has yet another grievance regarding the non-issuance of the ownership certificate in respect of his building. It is to redress the said grievances that this Writ Petition has been filed. Despite the receipt of notice in this proceedings, the respondents did not care to file any counter affidavit in this Writ Petition. 2. As noticed hereinbefore, the grievance of the petitioner pertains to the non-disbursal of Ext.P4 appeal as also the non-issuance of ownership certificate pursuant to Ext.P7. In the circumstances, this Writ W.P.(C) NO.8855/2009 2 Petition is disposed of as hereunder: The second respondent is directed to consider Ext.P4 appeal dated 30.4.2008 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The pendency of Ext.P4 appeal cannot be a reason for non-consideration of the request of the petitioner for issuance of ownership certificate especially in the light of Ext.P1. There will be a further direction to the third respondent to consider Ext.P7 application for issuance of ownership certificate expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. While considering Ext.P7 application, Ext.P1 shall be looked into. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.8855/2009 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.8855/2009 4