IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 27062 of 2005(V) -------------------------- PETITIONER: ------------ GEORGE AJACOB, 42/1557, MATHAI MANJOORAN ROAD, KOCHI 682 018. BY ADV. SMT.AYSHA YOUSEFF SRI.BENNY VARGHESE SRI.JOBI.A.THAMPI RESPONDENTS: ------------- CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, COCHIN. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,COCHIN COPN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE APPLICATION DATED 19.3.1999 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P2 PHOTOCOPY OF THE ORDER DATED 11.5.99 OF THE RESPONDENT IN RESPECT OF THE BUILDING NO. 42/1557 EXT.P3 PHOTOCOPY OF THE ORDER DATED 11.5.99 OF THE RESPONDENT IN RESPECT OF THE BUILDING NO. 42/1557-A EXT.P3(a) PHOTOCOPY OF THE TAX RECEIPT BILL DATED 15.7.2000 FROM THE RESPONDENT. EXT.P4 PHOTOCOPY OF THE DEMAND NOTICE DATED 19.12.2001 FROM THE RESPONDENT EXT.P5 PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONER DATED 20.12.2001 TO THE RESPONDENT. EXT.P6 PHOTOCOPY OF THE REPRESENTATION DATED 8.12.2003 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P7 PHOTOCOPY OF THE REPRESENTATION DATED 14.9.2004 SUBMITTED BY THE PETITIONER TO THE TO THE RESPONDENT. EXT.P8 PHOTOCOPY OF THE NOTICE DATED 28.1.2005 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P9 PHOTOCOPY OF THE ORDER DATED 15.4.2005 OF THE REVENUE OFFICER. EXT.P10 PHOTOCOPY OF THE BILL DATED 26.5.2005 FROM THE RESPONDENT. EXT.P11 PHOTOCOPY OF THE BILL DATED 27.6.2005 FROM THE RESPONDENT. EXT.P12 PHOTOCOPY OF THE BILL DATED 27.6.2005 FROM THE RESPONDENT. EXT.P13 PHOTOCOPY OF THE COMPLAINT DATED 15.7.2005 FILED BY THE PETITIONER BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXT.P14 PHOTOCOPY OF THE POSTAL RECEIPT AND ;ACKNOWLEDGEMENT CARD REGARDING THE SENDING OF EXT.P13 EXT.P15 PHOTOCOPY OF THE NOTICE NO. PMR1-1563/04 DATED 30.6.2005 ISSUED BY THE REVENUE OFFICER. EXT.P16 PHOTOCOPY OF THE REPRESENTATION DATED 25.8.2005 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 27062 OF 2005 -------------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT Writ Petition is filed three years back challenging arrears demanded towards building tax for building Nos. 42/1557 and 42/1557A. Petitioner's grievance is that building was assessed earlier together and at the petitioner's request two numbers were assigned to two separate rooms and tax was also bifurcated. However, even after this original tax demanded for two rooms combined is demanded for one room, is the case of the petitioner. Even though counsel submitted that petitioner has settled arrears under OTS scheme, standing counsel for the Corporation has no confirmation about it. The arrears shown in Ext. P15 is for the years 2001-02 to 2005-06. Petitioner has a case that payments evidenced by Exts. P10 to P12 are not credited and consequently interest is also charged. Since the Corporation has not filed any statement, W.P. is disposed of directing the Secretary of the Corporation to recompute the liability after giving credit for the payments already made and if there is any mistake in the demand, the 2 same will also be corrected and revised orders will be issued by him onproduction of a copy of this judgment and copy of receipts by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3