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1969 Supreme(SC) 424

I.D.DUA, J.M.SHELAT, C.A.VAIDIALINGAM
City Municipal Council, Mangalore – Appellant
Versus
Frederick Pais – Respondent


Advocates:
For the Appellant :Vishal Kapur, Advocate
For the Respondents:Aditya Gupta, Advocate

Judgment

VAIDIALINGAM, J.:- These five appeals, by special leave, by the City Municipal Council, Mangalore and the Commissioner of the City Municipal Council, are directed against the order passed by the Mysore High Court in Writ Petitions Nos. 907, 1004, 1005, 1175 and 1245 of 1967, quashing the demand notices issued by the appellants against the first respondent in each of these appeals for payment of property tax for the half-year ending September 30, 1966. As the grounds of attack levelled against the demand notices by the said respondents are common, we will only refer to the averments contained in Writ Petition No. 907 of 1967 out of which Civil Appeal No. 1302 of 1968, arises.

2. The first respondent therein was the owner of a number of buildings situated in Ward II and Ward XX, within Mangalore Municipality in the South Canara District, which originally formed part of the Madras State and which, on reorganisation of the States, became part of the State of Mysore. The Mysore Municipalities Act, 1964 (Act XXII of 1964) (hereinafter referred to as the Mysore Act) came into force from April 1, 1965 as per the notification, dated September23, 1965, issued by the State Government.


















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