K.P. BASHEER Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) The petitioner is concerned with a demand raised at Ext.P6, which, according to him, is against the decision of the Municipality. The brief facts to be noticed are that the petitioner obtained a contract for collection of advertisement tax, as exigiable from the hoardings erected within the Municipality. The total contract amount was Rs.4,51,786/ -.

(2.) It is the case of the petitioner that due to the unauthorised hoardings being removed, for reason of encroachment into Government property, there was substantial reduction in the income of the petitioner. The petitioner approached the Municipality with a request for waiving deposit of the full amounts agreed as per the contract.

(3.) The petitioner is said to have made a deposit of 50% at the time of the contract being awarded to him and later the balance 30%. The 20% of the contract amount was reduced as per Ext.P3 resolution of the Municipal Council. Despite that, the petitioner was issued a demand as is seen at Ext.P6, for the balance 20%.