Kerala High Court
Shazin Iqbal vs The Palakkad Municipality on 7 June, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939
WP(C).No. 7806 of 2018
PETITIONER(S):
SHAZIN IQBAL
D/O.DR. M.K. MUHAMMED IQBAL,
AGED 24 YEARS,
MISK,
11/1178,
T.B. ROAD
PALAKKAD- 678 001
BY ADV.SRI.BINOY VASUDEVAN
RESPONDENT(S):
1. THE PALAKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE,
PALAKKAD- 678 001
2. THE SECRETARY
THE PALAKKAD MUNICIPALITY
MUNICIPAL OFFICE,
PALAKKAD- 678 001
R BY SRI.T.C.SURESH MENON, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prp/
WP(C).No. 7806 of 2018 (A)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE PROPERTY TAX RECEIPT IN RESPECT OF DOOR
NO.11/1178(6) ISSUED BY THE 1ST RESPONDENT FOR THE FINANCIAL YEAR
2016-17
EXHIBIT P2: TRUE COPY OF THE NOTICE WITH RESPECT TO DOOR NO. 11/1178(6)
DATED 7.6.2017
EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 27.11.2017 IN WP(C).NO
33071/2017
EXHIBIT P4: TRUE COPY OF THE NOTICE DATED 15.12.2017
PUBLISHED IN THE MATHRUBHUMI DAILY
EXHIBIT P5: TRUE COPY OF ONE SUCH JUDGMENT DATED 21.2.2018 IN WPC NO
5748/2018 OF THIS HON'BLE COURT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.7806 OF 2018 (A)
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Dated this the 8th day of March, 2018
JUDGMENT
The issue involved in this writ petition is covered in favour of the petitioner by Ext.P5 judgment of this Court, wherein, persons similarly situated were granted the benefit of filing returns in response to a notice, similar to Ext.P4 issued to the petitioner, and pay tax at the pre-revised rates as a pre-condition for consideration of their application for Dangerous & Offensive licence [D & O licence]. Accordingly, taking cue from the said judgment, the writ petition is disposed, by directing that if the petitioner files the return, in response to Ext.P4 notice, and pays tax at the pre-revised rates, the licences already granted to the petitioner shall be renewed if the same is otherwise in order. It is made clear that the renewal shall be provisional, and subject to finalisation of the proceedings with regard to payment of tax as per the revised Rules.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/8/3/18