IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26721 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. ANTONY JOSEPH, AGED 72 YEARS, S/O. T.J.JOSEPH, PERMANENTLY RSIDING AT FLAT NO.5,CHOWRINGHEE MANSIONS, 30 CHOWRINGHEE ROAD,KOLKATA-700 106,AND TEMPORARILY RESIDING AT DOOR NO.52/2350 H, TEEJAY ESTATE, PALARIVATTOM, KOCHI-682 025. 2. JOE JOSEPH, AGED 75 YEARS, S/O. LATE T.J. JOSEPH, PERMANENTLY RESIDING AT FLAT NO.5,CHOWRINGHEE MANSIONS, 30 CHOWRINGHEE ROAD,KOLKATA-700106,REPRESENTED BY BROTHER AND POWER OF ATTORNEY HOLDER,ANTONY JOSEPH, THE PETITIONER NO.1. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, OFFICE OF THE CORPORATION OF COCHIN,REPRESENTED BY ITS SECRETARY. 2. THE REVENUE OFFICER,CORPORATION OF COCHIN, ZONAL OFFICE, EDAPPALLY,KOCHI-24. BY SC S RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 26721 OF 2009 ............................................ DATED THIS THE 23rd DAY OF SEPTEMBER, 2009 JUDGMENT The petitioner challenges the endorsement dated 28.8.2009 on Ext.P9, whereby the Tribunal for Local Self Government Institutions has taken the view that the revision of the petitioners cannot be entertained without paying the amount as per the decision in appeal, upto date. The petitioners assert that they have paid more than amounts covered by the demand notice and pointed out that in terms of Section 509(ii) of the Kerala Municipality Act, 1994, the requirement is that the tax shown in the demand notice has to be paid. This is a matter that the petitioner has to raise before the Tribunal. Accordingly, Tribunal for Local Self Government Institutions is directed to re- list the matter on which the aforesaid endorsement has been issued and hear the petitioners or their learned counsel on the aforesaid issue and grant a detailed order in event of the Tribunal holding that the petitioners have to make further payments. Let this be done at the earliest, on production of a copy of this WPC 26721/2009 2 judgment. Tribunal will take care to state the amount that the petitioners have to pay, if they are found liable to deposit further amounts. All other issues left open. Tribunal will also take care of the plea of the petitioners that payment upto date is not necessary and all that is required is payment in terms of Section 509(ii) as stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/23/9