IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10456 of 2009(B) -------------------------- PETITIONER(S): --------------- ANISHA CHERIAN, W/O. CHERIAN KARIPPAPARAMBIL, FLAT NO. 401, AKARIA ARCADE, AYYAPPANKAVU, ERNAKULAM. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENT(S): --------------- 1. CHAIRMAN, APPEAL COMMITTEE, OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM. 2. CHAIRMAN , APPEAL COMMITTE, CORPORATION OF KOCHI, CORPORATION OF KOCHI OFFICE, PARK AVENUE, ERNAKULAM. 3. THE REVENUE OFFICER, CORPORATION OF KOCHI, CORPORATION, OF KOCHI OFFICE, PARK AVENUE, ERNAKULAM. ADV. SRI. PRAVEEN K. JOY, S.C. SRI. S. RAMESH BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10456 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st March, 2009. J U D G M E N T The petitioner has been assessed to property tax by the 1st respondent. Against the same the petitioner filed Ext. P4 appeal. While that appeal is pending Ext. P6 special notice has been issued to the petitioner demanding the disputed tax. The petitioner's contention is that it is unjust to recover the disputed tax when the appeal is pending before the standing committed. 2. I have heard the learned standing counsel for the Corporation also. 3. I am of opinion that as contended by the petitioner, it is unjust to recover the disputed property tax from the petitioner during the pendency of the appeal. Accordingly, I dispose of this writ petition with a direction to the 1st and 3rd respondents not to recover the amounts which are in dispute in Ext. P4 appeal till disposal of Ext. P4. However, I make it clear that the petitioner shall pay the undisputed property tax. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.