BY AD v. SRI.G.BIJU

K.S.PAULOSE, AGED 71 YEARS S/O. LATE SEBASTIAN, KAIPARAMPATT, MOOKKANNUR. JESSY PAULOSE, AGED 63 YEARS W/O. K.S.PAULOSE, KAIPARAMPATT, MOOKKANNUR. P.M.ZACHARIA, AGED 73 YEARS S/O. LATE MATHAI, PUTHUSSERRY HOUSE, MOOKKANNUR. P.M.ELIAS, AGED 57 YEARS S/O. MATHAI P.P., PLACHERRY HOUSE, MOOKKANNUR. P.P.PAULOSE, AGED 46 YEARS S/O. MATHUKUTTY, POONTHARA HOUSE, MOOKKANNUR. BINU PAULOSE, AGED 42 YEARS S/O. PAULOSE, KORATTUKUTTY HOUSE, MOOKKANNUR. A.K.GEORGE, AGED 55 YEARS S/O. KURIAKOSE, AALUKKA HOUSE, MOOKKANNUR. FR.PAUL CHERUPILLY, AGED 45 YEARS DIRECTOR, BATHANA VILLAGE, PARAMBAYAM, MOOKKANNUR. BY ADV SRI.BABU PAUL RESPONDENT/S: 1 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. MOOKKANNUR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MOOKKANNUR - 692 014. BY ADVS. SRI.G.BIJU SRI.M.RAJAGOPALAN NAIR W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -2- OTHER PRESENT: SRI. B.S. SYAMANTAK GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 16.01.2024, ALONG WITH WP(C).1381/2015, 10981/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 PETITIONER/S: WP(C) NO. 1381 OF 2015 1 2 3 4 5 6 7 ROY M.V., AGED 50 YEARS S/O.VARGHESE, MADASSERRY HOUSE, MOOKKANNUR THE DIRECTOR CST WELFARE CENTRE, REPRESENTED BY ITS DIRECTOR, REV.BUS:SEBASTIAN CST, L.F.ASHRAM, MOOKKANNUR THE PROCURATOR GENERAL L.F.AASHRAM, REPRESENTED BY BRO.VARGHESE MAANJALY, L.F.AASHRAM, MOOKKANNUR DANTY JOSEPH SO.P.JOSEPH, AGED 49 YEARS RESIDING AT NIRAPPATHU HOUSE, THABORE P.O, EDALAKKADU ST.JOSEPHS CHURCH, REPRESENTED BY ITS VICAR, REV.FR.PHILIP, ST.JOSEPH'S CHURCH, KOKKUNNU JOSE K.T. SO.THOMAS, AGED 52 YEARS RESIDING AT KULANGARA HOUSE, MOOKKANUR JOHNY C.J. SO.C.P.JOSEPH, AGED 51 YEARS RESIDING AT CHAKKIATH HOUSE, MOOKKANNUR BY ADV SRI.BABU PAUL RESPONDENT/S: 1 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001 MOOKKANNUR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MOOKKANNUR 692 014 BY ADVS. SRI.G.BIJU SRI.M.RAJAGOPALAN NAIR W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -4- OTHER PRESENT: SRI RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 16.01.2024, ALONG WITH WP(C).32024/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -5- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 WP(C) NO. 10981 OF 2015 PETITIONER/S: THE VEGETABLE & FRUIT PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN, NEAR DOORDARSAN KENDRA, KAKKANAD, ERNAKULAM DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. BY ADVS. SRI. MAJNU KOMATH, SC, VEGETABLE AND FRU P.A.AZIZ RESPONDENT/S: MOOKKANNUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, MOOKKANNUR P.O., ERNAKULAM DISTRICT, PIN 683114. BY ADVS. SRI.G.BIJU SRI.M.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 16.01.2024, ALONG WITH WP(C).32024/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -6- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 WP(C) NO. 30699 OF 2014 PETITIONER/S: 1 2 KERALA GOVERNMENT CONTRACTORS FEDERATION REG NO 410/87,ANGAMALY TALUK COMMITTEE REPRESENTED BY ITS PRESIDENT P.V RAPHEL,S/O. VARGHESE, PALIYAN HOUSE,PEECHANIKKAD,PULIYANAMN P.O,ANGAMALY,ERNAKULAM 683572 JOY JOSEPH, AGED 46 YEARS S/O. JOSEPH,THEKKAYIL AYROORKAVU,CABLE NAGAR,KARUKUTTY P.O,ANGAMALY,ERNAKULAM 683572 BY ADVS. SRI.P.B.KRISHNAN SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE RESPONDENT/S: 1 2 3 4 5 6 STATE OF KERALA REPRESENTED BY ITS SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001 ASST.EXECUTIVE ENGIONEERLOCAL SELF GOVERNMENT DEPARTMENTANGAMALY SUB DIVISIONANGAMALY 683572 KARUKUTTY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,KARUKUTTY P.O,ANGAMALY,ERNAKULAM 683576 ASSISTANT ENGINEER KARUKUTTY GRAMA PANCHAYAT,KARUKUTTY P.O,ANGAMALAY,ERNAKULAM 683576 MOOKKANNOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,MOOKKANNOOR P.O,ANGAMALY,ERNAKULAM 683577 ASSISSTANT ENGINEER MOOKKANNOOR GRAMA PANCHAYAT,MOOKKANNOOR P.O,ANGAMALY,ERNAKULAM 683577 W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -7- 7 8 9 10 11 12 13 14 15 16 17 18 THURAVOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,THRURAVOOR P.O,ANGAMALY,ERNAKULAM ASSISTANT ENGINEER THURAVOOR GRAMA PANCHAYAT,THURAVOOR P.O,ANGAMALY,ERNAKULAM 683572 MANJAPRA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,MANJAPRA P.O,ANGAMALY,ERNAKULAM 683581 ASSISTANT ENGINEER MANJAPRA GRAMA PANCHAYAT,MANJAPRA P.O,ANGAMALY,ERNAKULAM 683581 MALAYATTOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,MALAYATTOOR P.O,ERNAKULAM 683587 ASSISTANT ENGINEER MALAYATTOOR GRAMA PANCHAYAT,MALAYATTOOR P.O,ERNAKULAM 683587 AYYAMPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARYAYYAMPUZHA P.OEERNAKULAM 683581 ASSISTANT ENGINEER AYYAMPUZHA GRAMA PANCHAYAT,,AYYAMPUZHA P.O,ERNAKULAM 683581 KALADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,KALADY P.O,ERNAKULAM 683574 ASSISTANT ENGINEER, KALADY GRAMA PANCHAYAT, KALADY P.O ERNAKULAM 683587 KANJOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,KANJOOR P.O,ERNAKULAM 683575 ASSISTANT ENGINER KANJOOR GRAMA PANCHAYAT,KANJOOR P.O,ERNAKULAM 683575 BY ADVS. SRI.ANOOP.V.NAIR SRI.DINESH MATHEW J.MURICKEN DR.GEORGE ABRAHAM SRI.M.R.JAYAPRASAD SRI.LINDONS C.DAVIS SRI.P.MOHANDAS ERNAKULAM SRI.M.RAJAGOPALAN NAIR DR.K.P.SATHEESAN SR. SRI.G.SANTHOSH KUMAR P. W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -8- SRI.S.VIBHEESHANAN OTHER PRESENT: SRI RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 16.01.2024, ALONG WITH WP(C).32024/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -9- P.V.KUNHIKRISHNAN, J. ====================================================== W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 ============================================================= Dated this the 16th day of January, 2024 JUDGMENT The learned counsel for the petitioners submits that the prayers in these writ petitions have become infructuous. Therefore, these writ petitions are dismissed as infructuous. sd/- P.V.KUNHIKRISHNAN JUDGE W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -10- APPENDIX OF WP(C) 1381/2015 PETITIONER EXHIBITS EXT.P1 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 1ST PETITIONER. EXT.P2 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 2ND PETITIONER. EXT.P3 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 2ND PETITIONER. EXT.P4 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 3RD PETITIONER. EXT.P5 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 4TH PETITIONER. EXT.P6 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 4TH PETITIONER. EXT.P7 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 4TH PETITIONER. EXT.P8 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 5TH PETITIONER. EXT.P9 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 6TH PETITIONER. EXT.P10 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 7TH PETITIONER. EXT.P11 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 1ST PETITIONER. EXT.P12 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 2ND PETITIONER. EXT.P13 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 3RD PETITIONER. EXT.P14 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 4TH PETITIONER. EXT.P15 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 5TH PETITIONER. EXT.P16 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 6TH PETITIONER. EXT.P17 - TRUE COPY OF THE RECEIPT OF PAYMENT OF TAX BY 7TH PETITIONER. EXT.P18 - TRUE EXTRACT OF THE KERALA PANCHAYATH RAJ (BUILDING TAX AND SURCHARGE) RULES 2011 EXT.P19 - TRUE COPY OF THE INTERIM ORDER IN WPC.NO.29505/14 W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -11- APPENDIX OF WP(C) 10981/2015 PETITIONER EXHIBITS EXHIBIT-P1(A): TRUE COPY OF THE ASSESSMENT OF THE BUILDINGS IN THE NAME OF THE PETITIONER COMPANY FOR THE PURPOSE OF PROPERTY TAX. EXHIBIT-P1(A): ENGLISH TRANSLATION. EXHIBIT-P1(B): TRUE COPY OF THE ASSESSMENT OF THE BUILDINGS IN THE NAME OF THE PETITIONER COMPANY FOR THE PURPOSE OF PROPERTY TAX. EXHIBIT-P1(B): ENGLISH TRANSLATION. EXHIBIT-P1(C): TRUE COPY OF THE ASSESSMENT OF THE BUILDINGS IN THE NAME OF THE PETITIONER COMPANY FOR THE PURPOSE OF PROPERTY TAX. EXHIBIT-P1(C): ENGLISH TRANSLATION. EXHIBIT-P1(D): TRUE COPY OF THE ASSESSMENT OF THE BUILDINGS IN THE NAME OF THE PETITIONER COMPANY FOR THE PURPOSE OF PROPERTY TAX. EXHIBIT-P1(D): ENGLISH TRANSLATION. EXHIBIT-P2(A): TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT. EXHIBIT-P2(A): ENGLISH TRANSLATION. EXHIBIT-P2(B): TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT. EXHIBIT-P2(B): ENGLISH TRANSLATION. EXHIBIT-P2(C): TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT. EXHIBIT-P2(C): ENGLISH TRANSLATION. EXHIBIT-P3: NOTICE ISSUED BY THE RESPONDENT. EXHIBIT-P3: ENGLISH TRANSLATION. W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -12- APPENDIX OF WP(C) 30699/2014 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF G.O(MS) NO 318/20143/LSGD DATED 28-09-2013 EXHIBIT P2 TRUE COPY OF G.O(MS) NO 74/2014/LSGD DATED 07-05-2014 EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 7- 10-2014 IN WPC NO 25712 OF 2014 W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -13- APPENDIX OF WP(C) 32024/2014 PETITIONER EXHIBITS P1 - TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE 1ST PETITIONER BUILDING NUMBER 11/153 DT. 03.9.14. P2 - TRUE COPY OFTHE DEMAND NOTICE ISSUED TO THE 1ST PETITIONER FOR BUILDING NUMBER 5/273 DT. 03.10.14. P3 - TRUE COPY OF THE NOTICE TO THE 2ND PETITIONER BUILDING NUMBER 11/152 DT. 03.9.14 FOR THE YEAR 2013-14. P4 - TRUE COPY OF THE NOTICE TO THE 2ND PETITIONER BUILDING NUMBER 11/151 DT. 03.9.14 FOR THE YEAR 2013-14. P5 - TRUE COPY OF THE NOTICE TO THE 3RD PETITIONER BUILDING NUMBER 5/216 DT. 03.10.14 FOR THE YEAR 2013-14. P6 - TRUE COPY OF THE NOTICE TO THE 4TH PETITIONER BUILDING NUMBER 13/196 DT. 19.9.14 FOR THE YEAR 2013-14. P7 - TRUE COPY OF THE NOTICE TO THE 4TH PETITIONER BUILDING NUMBER 113/195 DT. 19.9.14 FOR THE YEAR 2013-14. P8 - TRUE COPY OF THE NOTICE TO THE 5TH PETITIONER BUILDING NUMBER 13/9 DT. 19.9.14 FOR THE YEAR 2013- 14. P9 - TRUE COPY OF THE NOTICE TO THE 5TH PETITIONER BUILDING NUMBER 13/6 DT. 19.9.14 FOR THE YEAR 2013- 14. P10 - TRUE COPY OF THE NOTICE TO THE 6TH PETITIONER BUILDING NUMBER 13/197 DT. 19.9.14 FOR THE YEAR 2013-14. P11- TRUE COPY OF THE NOTICE TO THE 7TH PETITIONER BUILDING NUMBER 3/466 DT. 08.10.14 FOR THE YEAR 2013-14. P12 - TRUE COPY OF THE NOTICE TO THE 8TH PETITIONER BUILDING NUMBER 14/264 DT. 25.08.14 FOR THE YEAR 2013-14. P13- TRUE COPY OF THE NOTICE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 1ST PETITIONER. P14 - TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE W.P.(C) Nos. 30699 & 32024 of 2014 and 1381 & 10981 of 2015 -14- 2ND PETITIONER. P15 - TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 3RD PETITIONER. P16 - TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 4TH PETITIONER. P17 - TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 5TH PETITIONER. P18 - TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 6TH PETITIONER. P19 - TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 7TH PETITIONER. P20 - TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF BUILDING TAX FOR THE YEAR 2012-13 BY THE 8TH PETITIONER. P21 - TRUE COPY OF THE ORDER DT.10.11.14 IN WPC NO. 29505/14.