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Kerala High Court

P.Abdul Majeed vs The Tahsildar on 2 August, 2012

Author: Antony Dominic

Bench: Antony Dominic

       

  

  

 
 
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT:

                 THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

    WEDNESDAY, THE 19TH DAY OF SEPTEMBER 2012/28TH BHADRA 1934

                              WP(C).No. 21771 of 2012 (V)
                                 ---------------------------

    PETITIONER(S):
    -------------------------

    1. P.ABDUL MAJEED,
       S/O.MUHAMMADALI, PUTHANGOTTU HOUSE, VETTATHOOR,
       MALAPPURAM DISTRICT.

    2. P.HYDER,
       S/O.KUNHIMUHAMMED, PALATHINGAL HOUSE, CHEMMANIYODE,
       MELATTOOR, MALAPPURAM DISTRICT.

    3. KHADAR,
       S/O.RUKHIYA, ACHAPARAMBIL HOUSE, KURUVA,
       MALAPPURAM DISTRICT.

    4. KADEEJA,
       W/O.ABUHAJI, CHEMMALA HOUSE, PULAMANTHOLE,
       MALAPPURAM DISTRICT.

    5. KABEER,
       S/O.KUNHADRU, PATHAYAPURAKKAL HOUSE, MOORKKANAD,
       MALAPPURAM DISTRICT.

    6. MUHAMMEDKUTTY HAJI,
       S/O.KUNHAHAMMEDAJI, POOKKODAN HOUSE, MUTHIRAMANNA,
       THAZHEKKODE, MALAPPURAM DISTRICT.

    7. KADEEJA,
       W/O.MUHAMMAD ALI, KALAKKANDAN HOUSE, MOORKKANAD,
       MALAPPURAM DISTRICT.




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WPC.NO.21771/2012 V


     8. HAMZA,
       S/O.HYDRU, PALLATH HOUSE, MOORKKANAD,
       MALAPPURAM DISTRICT.

     9. K.SOUDA,
       W/O.ABDUL KARIM, CHOLAMUKHATH HOUSE, THAZHEKKODE,
       MALAPPURAM DISTRICT.

     10. MOIDEENKUTTI
        S/O.KUNHEETHU, MUNDENTHODI HOUSE, KURUVA,
       MALAPPURAM DISTRICT.

     11. RASHEED,
        S/O.ABDURAHIMAN, EDATHODIKKAKKASSERI HOUSE,
        MOORKKANAD, MALAPPURAM DISTRICT.

     12. HABEEBRAHMAN,
        S/O.ABDULLA, THALPPIRIKKUNNU HOUSE, THRIKKANGODE,
        MALAPPURAM DISTRICT.

     13. ASSAINAR,
        S/O.HAMZA, ANIKKATTIL HOUSE, THAZHEKKODE,
        MALAPPURAM DISTRICT.

     14. YOOSEPH,
        S/O.HAMZA, KAPPOOR HOUSE, MUTHIRAMANNA,
        THAZHEKKODE, MALAPPURAM DISTRICT.

     15. MUHAMMED BASHEER,
        VIRALIKATTIL HOUSE, PULAMANTHOLE, CHELAKKAD,
        MALAPPURAM DISTRICT.

     16. MUHAMMED,
        THEKKUMPURATH KALATHIL HOUSE, VETTATHUR,
        MALAPPURAM DISTRICT.

     17. SAITHALAVI,
        POOTHAMKODAN HOUSE, MUTHIRAMANNA, THAZHEKKODE,
        MALAPPURAM DISTRICT.




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WPC.NO.21771/2012 V


     18. ABOOBACKER,
         S/O.UNNEEENHAJI, VIRALIKATTIL HOUSE,
         CHELAKKAD, POOLAMANTHOL, MALAPPURAM DISTRICT.

     19. MOHAMMED SHEREEF,
         S/O.MUHAMMED, IRIYATHUMPARAMBIL HOUSE, PULAMANTHOL,
         CHELAKKAD, MALAPPURAM DISTRICT.

     20. MUHAMMEDALI,
         S/O.ABU, KOLLARAN HOUSE, MELATTUR,
         MALAPPURAM DISTRICT.

     21. SAID, S/O.ABOOBACKER HAJI, CHAKKALAKUNNAN HOUSE,
         CHOLAKULAM, MELATTOOR, MALAPPURAM DISTRICT.

     22. SEYADALI,
          S/O.MOITHU, CHATTOLI HOUSE, MELATTUOOR,
          MALAPPURAM DISTIRCT.

        BY ADVS.SRI.K.M.SATHYANATHA MENON
                    SMT.KAVERY S.THAMPI

     RESPONDENT(S):
     ---------------------------

     1. THE TAHSILDAR,
         PERINTHALMANNA TALUK, MALAPPURAM DISTRICT - PIN 679 322.

     2. THE TAHSILDAR,
         ERNAD TALUK, MALAPPURAM DISTRICT, PIN 679 322.

     3. THE VILLAGE OFFICER,
         KARAKUNNU VILLAGE, KARAKUNNU,
        MALAPPURAM DISTRICT - PIN 679 322.

     4. STATE OF KERALA,
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         REVENUE DEPARTMENT, SECRETARIAT,
        THIRUVANANTHAPURAM 695 001.

     5. THE SECRETARY,
         DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
        THIRUVANANTHAPURAM 695 001.

     BY GOVERNMENT PLEADER SRI. RINNY STEPHEN CHAMAPARAMBIL

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
      ON 19-09-2012, THE COURT ON THE SAME DAY DELIVERED THE
      FOLLOWING:
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WPC.NO.21771/2012 V


                              APPENDIX

PETITIONER'S EXHIBITS:


EXHIBIT P1. TRUE COPY OF THE ELECTRICITY BILL DATED 2.8.2012 OF THE IST
PETITIONER.

EXHIBIT P2(a).TRUE COPY OF THE ASSESSMENT ORDER DATED 19.4.2012.

EXHIBIT P2(b).TRUE COPY OF THE ASSESSMENT ORDER DATED 19.4.2012.

EXHIBIT P2(c).TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE IST
PETITIONER DATED 19.4.2012.

EXHIBIT P2(d).TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE IST
PETITIONER DATED 19.4.2012.

EXHIBIT P3(a).TRUE COPY OF THE NOTICE DATED 18.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3(b).TRUE COPY OF THE NOTICE DATED 18.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3(c).TRUE COPY OF THE NOTICE DATED 18.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3(d).TRUE COPY OF THE NOTICE DATED 18.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P4(a).TRUE COPY OF THE NOTICE DATED 20.7.2012 ISSUED BY THE IST
RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT P5(a).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5(b).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5(c).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5(d).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5(e).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.


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                                    ..2....

WPC.NO.21771/2012 V


EXHIBIT P5(f).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5(g).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5(h).TRUE COPY OF THE NOTICE DATED 8.8.2012 ISSUED BY THE IST
RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P6(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 23.7.2012.

EXHIBIT P6(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 23.7.2012.

EXHIBIT P6(c).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(d).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(e).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(f).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(g).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(h).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 23.7.2012.

EXHIBIT P6(i).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 23.7.2012.

EXHIBIT P6(j).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(k).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(l).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

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                                    ..3....

WPC.NO.21771/2012 V


EXHIBIT P6(m).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P6(n).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 5TH PETITIONER DATED 24.7.2012.

EXHIBIT P7(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 6TH PETITIONER DATED 18.4.2012.

EXHIBIT P7(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 6TH PETITIONER DATED 18.4.2012.

EXHIBIT P7(c).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 6TH PETITIONER DATED 19.4.2012.

EXHIBIT P7(d).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 6TH PETITIONER DATED 18.4.2012.

EXHIBIT P7(e).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 6TH PETITIONER DATED 18.4.2012.

EXHIBIT P7(f).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 6TH PETITIONER DATED 19.4.2012.

EXHIBIT P8(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 7TH PETITIONER DATED 24.7.2012.

EXHIBIT P8(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 7TH PETITIONER DATED 24.7.2012.

EXHIBIT P8(c).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 7TH PETITIONER DATED 24.7.2012.

EXHIBIT P8(d).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 7TH PETITIONER DATED 24.7.2012.

EXHIBIT P9(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 8TH PETITIONER DATED 24.7.2012.

EXHIBIT P9(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 8TH PETITIONER DATED 24.7.2012.

EXHIBIT P9(c).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 8TH PETITIONER DATED 24.7.2012.

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WPC.NO.21771/2012 V


EXHIBIT P9(d).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 8TH PETITIONER DATED 24.7.2012.

EXHIBIT P9(e).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 8TH PETITIONER DATED 24.7.2012.

EXHIBIT P9(f).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 8TH PETITIONER DATED 24.7.2012.

EXHIBIT P10(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 9TH PETITIONER DATED 18.4.2012.

EXHIBIT P10(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 9TH PETITIONER DATED 18.4.2012.

EXHIBIT P10(c).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 9TH PETITIONER DATED 18.4.2012.

EXHIBIT P10(d).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 9TH PETITIONER DATED 18.4.2012.

EXHIBIT P10(e).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 9TH PETITIONER DATED 18.4.2012.

EXHIBIT P10(f).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 9TH PETITIONER DATED 18.4.2012.

EXHIBIT P11(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 10TH PETITIONER DATED 26.7.2012.

EXHIBIT P11(b).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 10TH PETITIONER DATED 26.7.2012.

EXHIBIT P12(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 11 TH PETITIONER DATED 24.7.2012.

EXHIBIT P12(b).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 11 TH PETITIONER DATED 24.7.2012.

EXHIBIT P13(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 12TH PETITIONER DATED 12.3.2012.

EXHIBIT P13(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 12TH PETITIONER DATED 12.3.2012.

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WPC.NO.21771/2012 V


EXHIBIT P13(c).TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE
2ND RESPONDENT TO THE 12TH PETITIONER DATED 5.7.2012.

EXHIBIT P14(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 13TH PETITIONER DATED 19.4.2012.

EXHIBIT P14(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 13TH PETITIONER DATED 19.4.2012.

EXHIBIT P14(c).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE 13TH PETITIONER DATED 19.4.2012.

EXHIBIT P14(d).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE 13TH PETITIONER DATED 19.4.2012.

EXHIBIT P15(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 14TH PETITIONER DATED 19.4.2012.

EXHIBIT P15(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 14TH PETITIONER DATED 19.4.2012.

EXHIBIT P15(c).TRUE COPY OF THE ADEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 14TH PETITIONER DATED 19.4.2012.

EXHIBIT P15(d).TRUE COPY OF THE DEAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 14TH PETITIONER DATED 19.4.2012.

EXHIBIT P16(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 15TH PETITIONER DATED 31.7.2012.

EXHIBIT P16(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 15TH PETITIONER DATED 31.7.2012.

EXHIBIT P16(c).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 15TH PETITIONER DATED 31.7.2012.

EXHIBIT P16(d).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 15TH PETITIONER DATED 31.7.2012.

EXHIBIT P16(e).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 15TH PETITIONER DATED 31.7.2012.

EXHIBIT P16(f).TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST
RESPONDENT TO THE 15TH PETITIONER DATED 31.7.2012.


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WPC.NO.21771/2012 V


EXHIBIT P17(a).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 16TH PETITIONER DATED 24.7.2012.

EXHIBIT P17(b).TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE IST
RESPONDENT TO THE 16TH PETITIONER DATED 24.7.2012.

EXHIBIT P18(a).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 17TH PETITIONER DATED 22.3.2012.

EXHIBIT P18(b).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 17TH PETITIONER DATED 22.3.2012.

EXHIBIT P18(c).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 17TH PETITIONER DATED 22.3.2012.

EXHIBIT P18(d).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 17TH PETITIONER DATED 22.3.2012.

EXHIBIT P18(e).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 17TH PETITIONER DATED 22.3.2012.

EXHIBIT P18(f).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 17TH PETITIONER DATED 22.3.2012.

EXHIBIT P19(a). TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 18TH PETITIONER DATED 13.7.2012.

EXHIBIT P19(b). TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 18TH PETITIONER DATED 13.7.2012.

EXHIBIT P19(c). TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 18TH PETITIONER DATED 13.7.2012.

EXHIBIT P20(a).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 13.7.2012.

EXHIBIT P20(b).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 26.7.2012.

EXHIBIT P20(c).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 13.7.2012.

EXHIBIT P20(d).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 13.7.2012.


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                                   ....7....

WPC.NO.21771/2012 V


EXHIBIT P20(e).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 13.7.2012.

EXHIBIT P20(f).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 12.7.2012.

EXHIBIT P20(g).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 13.7.2012.

EXHIBIT P20(h).TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 19TH PETITIONER DATED 13.7.2012.

EXHIBIT P21.TRUE COPY OF THE HEARING NOTICE ISSUED BY THE IST
RESPONDENT TO THE 21ST PETITIONER DATED 18.8.2012.

EXHIBIT P22.TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE KERALA
POULTRY FARMER'S ASSOCIATION DATED NIL BEFORE THE HONOURABLE
MINISTER FOR URBAN AFFAIRS.




RESPONDENTS' EXHIBITS:                      N I L




                                                     /TRUE COPY/




                                                     P.S.TO JUDGE

Kss



                        ANTONY DOMINIC, J.
               --------------------------------------------------
                   W.P.(C) NO.21771 OF 2012(V)
               --------------------------------------------------
        Dated this the 19th day of September, 2012

                            J U D G M E N T

Petitioners are challenging Ext.P2 series of assessment orders passed against them under the provisions of the Kerala Building Tax Act and the notices of demand issued in pursuance thereof. Contention of the petitioners is that the structure in question were constructed as a poultry shed and that these constructions did not come within the description of building as defined in Section 2(e) of the Act. It is also contended that the activity being agricultural is not amenable under the Act.

2. In my view, these are factual issues to be agitated in a statutory appeal to be filed under Section 11 of the Act and there is no reason for the petitioners to bypass the statutory remedies and invoke the extraordinary jurisdiction of this court.

Writ Petition fails and is dismissed.

(ANTONY DOMINIC) JUDGE vi/ WPC.No. :2 :