IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 15640 of 2009(Y) --------------------------------------- PETITIONER: ------------------- SREE THRICHURUMANA @ KOTTIYOOR DEVASWOM, REPRESENTED BY CHAIRMAN OF BOARD OF TRUSTEES, KOTTIYOOR DEVASWAM, P.O.KOTTIYOOR. BY ADVS. MR.K.V.PAVITHRAN, MR.M.P.JAYANANDAN. RESPONDENTS: ------------------------ 1. KOTTIYOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.KOTTIYOOR, THALASSERI TALUK. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R1 BY ADV. MR.CIBI THOMAS, R2 BY GOVERNMENT PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15640/2009-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING TAX RECEIPTS. EXT.P.2: COPY OF THE DEMAND NOTICES. EXT.P.3: COPY OF THE RELEVANT PAGES MEASUREMENT BOOK OF BUILDING AT IKKARA KOTTIYOOR. EXT.P.4: COPY OF THE LETTER DTD. 17/11/2006. EXT.P.5: COPY OF THE EXPLANATION SUBMITTED BY PETITIONER. EXT.P.6: COPY OF THE REMINDER SUBMITTED BY THE PETITIONER. EXT.P.7: COPY OF THE LAWYER NOTICE ISSUED TO R.1. EXT.P.8: COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NO. K.P.7/107A. EXT.P.8.A: COPY OF THE -DO- -DO- OF K.P.7/107 B. EXT.P.8.B: COPY OF THE -DO- -DO- OF K.P. 7/107 C. EXT.P.8.C: COPY OF THE -DO- -DO- OF K.P. 7/107 D. EXT.P.8.D: COPY OF THE -DO- -DO- OF K.P. 7/107 E. EXT.P.8.E: COPY OF THE -DO- -DO- OF K.P. 7/107 F. EXT.P.8.F: COPY OF THE -DO- -DO- OF K.P. 7/107 G. EXT.P.9: COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NO.K.P.7/426 A. EXT.P.9.A: COPY OF -DO- -DO- OF K.P. 7/426 B. EXT.P.9.B: COPY OF -DO- -DO- OF K.P. 7/426 C. EXT.P.9.C: COPY OF -DO- -DO- OF K.P. 7/426 D. EXT.P.9.D: COPY OF -DO- -DO- OF K.P. 7/426 E. EXT.P.9.E: COPY OF -DO- -DO- OF K.P. 7/426 F. EXT.P.9.F: COPY OF -DO- -DO- OF K.P. 7/426 G. W.P.(C). NO.15640/2009-Y: EXT.P.9.G: COPY OF -DO- -DO- OF K.P. 7/426 H. EXT.P.9.H: COPY OF -DO- -DO- OF K.P. 7/426 I. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED IN RESPECT OF THE BUILDING CONSTRUCTED AT MANNANCHERRY. EXT.R1.B: COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED IN RESPECT OF THE BUILDING CONSTRUCTED AT IKKARAKOTTIYOOR. EXT.R1.C: COPY OF THE RELEVANT PAGES OF THE NOTE FILES. EXT.R1.D: COPY OF THE RELEVANT PAGES OF THE NOTE FILES. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15640 OF 2009 ------------------------------------------- Dated this the 24th day of November, 2009 JUDGMENT 1.The petitioner Kottiyoor Devaswam complains about the stand taken by the first respondent panchayat in the matter of collecting property tax and also in considering the question of exemption from payment of tax. 2.The Kerala Municipality Building Rules, 1999 was made applicable to the panchayat area on 6.6.2007. With the aid of Exts.P8 and P9 series, the petitioner clearly demonstrates that the panchayat had certified that the buildings are in existence even on 26.6.2003. However, when controversies arose as to whether the construction of the buildings has to be regularised, the Devaswom, without conceding that the buildings were constructed long before the KMBR was made applicable, placed Exts.R1(a) and R1(b) applications for regularisation. Those applications were essentially WPC.15640/09 2 unanswered in view of the fact that the buildings were constructed long before the KMBR was made applicable. Under such circumstances, this writ petition is entitled to succeed. In the result, this writ petition is allowed declaring that the petitioner's building bearing No.KP-VII 426 A to I and KP V/107 A to G are not in violation of the provisions of the KMBR and no fine would be imposed on the petitioner for any alleged violation of KMBR. It is further ordered that the first respondent shall accept property tax for those buildings in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.1/12.