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2018 Supreme(Ker) 467

SHAJI P.CHALY
S. K. Hamza Haji, Darul Ameen, S/O. Moosakunhi Haji – Appellant
Versus
Payyannur Municipality, Payyannur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.R.Avinash (Kunnath), Sri.Abdul Raoof Pallipath
For the Respondent: Sri.M.Sasindran, Smt.Raji.T.Bhaskar

JUDGMENT :

1. This writ petition is filed by the petitioner seeking to declare that the petitioner is entitled to get vacancy remission application allowed starting from the date of completion till the building is occupied, further to declare that respondents 1 and 2 are not entitled to raise demand for building tax for the period 2011-12, and for other related and consequential reliefs. Necessary facts required for the disposal of the writ petition are as follows:

2. Petitioner along with one S.K. Abbas Haji had constructed a multi-storied building within the limits of the 1st respondent Municipality, after securing permit, having 40 rooms altogether. The building was numbered as PMC XXI- 2695A to Z and XXI-2695 A1 to R1. Though the building was completed in 2010, the building was assigned with the number only on 22.08.2011. The 1st respondent issued notice of assessment for property tax on 22.08.2011, assigning building numbers to the entire construction of the petitioner, evident from Exts.P1, P1(a), P1(b) and P1(c) series.

3. Immediately after assigning the building number, the 1st instalment of tax was paid on 24.08.2011 itself, evident from Exts.P2, P2(a) to P2(g) series. Howeve













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