Kerala HC Directs Revenue Authority to Refund  Amount Deposited after Setoff Property Tax [Read Order]

The Kerala High Court disposed of the writ petition directing the 2nd respondent to take appropriate steps to refund the amount deposited by the petitioner at the time of preferring the appeal after deducting the amounts due for the respective period as provided in Government orders.

M/s.Synthetie Industries Ltd, the petitioner filed the writ petition to direct the respondents to update the SANCHAYAsoftware & complete the re-assessment of the property tax in light of order by issuance of a writ of mandamus or any other appropriate writ order.

It was further prayed to direct the 2nd Respondent to refund the amount deposited with the 2nd respondent after setting-off the property tax for the assessment years 2013-14, 2014-15  & 2015-16 by issuance of a writ of mandamus or any other appropriate writ, order or direction;

Further also prayed to direct the 2nd respondent to renew the license asrequired under the provisions of Panchayat Raj Act for the year 2016-17 after setting off the property tax for the assessment years 2013-2016 from the amount in deposit with the 2nd respondent.

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The single bench of Justice Anu Sivaraman found that in spite of service of notice by special messenger on the 2nd respondent on 22/2/2016, there is no appearance for the 2nd respondent. This writ petition has been pending since February,2016 and interim orders had been passed in the same. However, there is no counter affidavit placed on record. The 1st respondent also has not placed any counter affidavit on record in the writ petition till date.

The court disposed of the writ petition directing the 2nd respondent to take appropriate steps to refund the amount deposited by the petitioner at the time of preferring the appeal after deducting the amounts due for the respective period as provided in Government orders. The amounts shall be calculated and disbursed to the petitioner within a period of two months  from the date of receipt of a copy of the judgment.

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