TOMY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is running a hotel in the name and style 'Arcadia Regency' in Alappuzha Municipality has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 notice dated 18.03.2019 issued by the fourth respondent, whereby the petitioner has been informed that renewal of D and O license, as sought for in the application made by the petitioner in respect of building Nos.XVII/822B, C, D and E in Mullackal Ward in Alappuzha Municipality can be granted only if the petitioner is remitting dues towards property tax, as per the mandate of Section 443 of the Kerala Municipality Act, 1994. The petitioner has also sought for a writ of mandamus commanding the respondents to consider Ext.P2 application for D and O license dated 25.02.2019 and renew the same immediately.

(2.) On 22.03.2019, when this writ petition came up for admission, the learned Standing Counsel for respondents 2 to 4 sought time to get instructions.

(3.) The respondents 2 and 3 have filed a statement opposing the relief sought for in this writ petition. Along with the said statement, a table showing the demand of property tax made against the petitioner in respect of the building Nos.XVII/822 B, C, D, E and 24/1039A is placed on record, as per which the total arrears comes to Rs. 50,17,493/-.