Sree Gokulam Chit And Finance Company Private Limited vs. Corporation Of Cochin
Held
The High Court dismissed the writ petition, holding that the petitioner failed to avail the efficacious statutory remedy under Section 509 of the Kerala Municipality Act, 1994, to challenge the enhanced licence fee demand. The court reiterated that a writ petition under Article 226 should not be entertained when an adequate alternative remedy is available, especially when the original demand was not challenged in time.
Facts
The petitioner, a finance company, occupied a shop room from the Kochi Corporation and was issued a notice (Ext.P1) demanding an enhanced monthly licence fee, arrears, deposit, and GST with retrospective effect. The petitioner responded with a lawyer's notice (Ext.P2) seeking a reasonable fee and renewal, then filed a writ petition seeking disposal of Ext.P2 and a declaration against the Corporation's inaction.
Key Issues
Whether a writ petition under Article 226 of the Constitution is maintainable when an efficacious alternative statutory remedy exists under Section 509 of the Kerala Municipality Act, 1994, and the petitioner failed to challenge the original demand notice within the prescribed time.
Sections Cited
Section 509
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941 WP(C).No. 10445 of 2019 PETITIONER : SREE GOKULAM CHIT AND FINANCE COMPANY PRIVATE LIMITED,NO.66(OLD NO.356) ARCOT ROAD, KOAMBAKKAM, CHENNAI-24, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, MR.K.N.LENIN, S/O. LATE NARAYANAN, DEPUTY MANAGER, SREE GOKULAM CHIT AND FINANCE COMPANY PVT. LTD, BRANCH OFFICE AT IST FLOOR, CORPORATION COMPLEX, VYTTILLA, COCHIN-19, ERNAKULAM DISTRICT. BY ADVS. SRI.K.S.BABU SMT.BOBBY U. NAIR SMT.DHANUJA M.S SMT.MINU SIBY ROY SMT.N.SUDHA SRI.BABU SHANKAR RESPONDENTS: 1 CORPORATION OF KOCHI CORPORATION OFFICE, PARK AVENUE, P.B.NO.1016, KOCHI- 682 011, REPRESENTED BY ITS SECRETARY. 2 THE REVENUE OFFICER CORPORATION OFFICE, PARK AVENUE, P.B.NO.1016, KOCHI- 682 011. 3 STATE OF KERALA REPRESENTED BY ADDITIONAL SECRETARY TO LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SRI RAJU SEBASTIAN VADAKKEKARA-STANDING COUNSEL, KOCHI CORPORATION ; BY SRI MANU RAJ K.J-GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2
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