Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE24H DAY OF JANUARY20144TH MAGHA, 1935 WP(C).No. 21093 of 2011 (J) ---------------------------- PETITIONER(S): -------------------------- DEVARAJAN.S, S/O.SADANANDAN, PROPRIETOR OF HOTEL CHINNUS, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADVS.SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.B.BALA PRASANNAN RESPONDENT(S): ---------------------------- 1. THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-1.
2. THE HEALTH INSPECTOR, NANTHANCODE CIRCLE, THIRUVANANTHAPURAM CORPORATION-1.
3. THE REVENUE OFFICER,REVENUE DEPARTMENT, THIRUVANANTHAPURAM-1. (CORRECTED AS: THE REVENUE OFFICER, REVENUE DEPARTMENT OF THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM - 1.) (ADDRESS OF R3 CORRECTED AS PER ORDER
DT.22.09.11 IN IA1483011. R1 TO3BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR R3 BY GOVERNMENT PLEADER SRI.T.R.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2401-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21093 of 2011 (J) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1: COPY OF THE PROPERTY TAX RECEIPT FOR THE YEAR20092010 NO. 54324 DATED2411.2009. EXHIBIT P1(a):COPY OF THE PROPERTY TAX RECEIPT FOR THE YEAR20092010 NO. 54319 DATED2411.2009. EXHIBIT P2: COPY OF THE PROPERTY TAX RECEIPT FOR THE YEAR20102011 NO. 0518739 DATED183.2011. EXHIBIT P2(a):COPY OF THE PROPERTY TAX RECEIPT FOR THE YEAR20102011 NO. 0518740 DATED183.2011. EXHIBIT P2(b):COPY OF THE PROPERTY TAX RECEIPT FOR THE YEAR20102011 NO. 518741 DATED183.2011. EXHIBIT P3: COPY OF THE LABOUR TAX RECEIPT FOR THE YEAR NO.77939 DATED32.2011. EXHIBIT4 COPY OF THE D & O LICENCE FEE RECEIPT FOR THE YEAR NO.2011 - 2012 NO.0489281 DATED242.2011. EXHIBIT P4(a):COPY OF THE D & O LICENCE FEE RECEIPT FOR THE YEAR NO.2011 - 2012 NO.0489282 DATED242.2011. EXHIBIT P4(b):COPY OF THE D & O LICENCE FEE RECEIPT FOR THE YEAR NO.2011 - 2012 NO.0489283 DATED242.2011. EXHIBIT P4(c):COPY OF THE D & O LICENCE FEE RECEIPT FOR THE YEAR NO.2011 - 2012 NO.0496584 DATED242.2011. EXHIBIT P5: COPY OF THE MONTHLY RETURN FORM SUBMITTED BY THE PETITIONER FOR THE MONTH OF JUNE, 2011 BEFORE THE DEPARTMENT OF COMMERCIAL TAXES DATED67.2011. EXHIBIT P6: COPY OF THE2D RESPONDENT ISSUED NOTICE NO.NAN1202011 DATED147.2011 TO THE PETITIONER. EXHIBIT P7: COPY OF THE REPLY PREPARED BY THE PETITIONER TO THE1T RESPONDENT DATED227.2011. RESPONDENT(S) EXHIBITS: /TRUE COPY/ P.A. TO JUDGE VPV BABU MATHEW P.JOSEPH, J.
------------------------------------ W.P.(C)No.21093 of 2011 ----------------------------------- Dated this the 24th day of January, 2014
JUDGMENT
This writ petition has been filed challenging Ext.P6 notice issued to the petitioner and for other reliefs.
2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
3. Ext.P6 notice has been issued by the 2nd respondent namely, the Health Inspector of Nanthancode Circle of the Thiruvananthapuram Municipal Corporation. It is stated in the counter affidavit filed by the Secretary of the Municipal Corporation that he has issued Ext.P6 notice to the petitioner through the 2nd respondent. Therefore, in effect, it is a notice issued by the Secretary of the said Municipal Corporation. A notice issued by the Secretary is appealable under Section 509 of the Kerala Municipality Act, 1994 (for short, the Act). An appeal so provided is an efficacious remedy available to the petitioner. Therefore, this writ petition is closed declining jurisdiction under Article 226 of the Constitution of India without prejudice to the right of the petitioner to file appeal against Ext.P6, as provided under Section 509 of the Act. Sd/- BABU MATHEW P.JOSEPH, JUDGE AV