The Petitioner is the owner of a hotel. The hotel was constructed on the basis of an approved plan and permit issued by the first respondent Municipality. The building was completed in the year 2010 and Ext.P3 completion certificate was submitted to the Municipality. The building was numbered only in the year 2013. According to the petitioner, Ext.P6 certificate for obtaining electric connection was issued on 10.10.2013 and the licence to operate the same was issued on 12.12.2013. Consequently, the building remained unoccupied since its completion. Therefore, the petitioner has submitted Exts.P9 to P14 applications to the second respondent under Section 239 of the Kerala Municipality Act, 1994 seeking the grant of vacancy remission. The said WPC 29847/2014 2 applications are still pending. However, by Ext.P16 series demand notices, tax has been demanded in respect of the said period also. The petitioner therefore seeks the issue of appropriate directions for the consideration of Exts.P9 to P14, expeditiously. 2. Since Exts.P9 to P14 are pending consideration of the second respondent, it is sufficient that the said applications are directed to be considered and disposed of expeditiously.
In view of the above this writ petition is disposed of directing the second respondent to consider Exts.P9 to P14 requests for vacancy remission submitted by the petitioner in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two weeks of the date of receipt of a copy of this judgment. The recovery of tax demanded as per Ext.P16 series demand notices shall be kept in abeyance until final orders are passed in accordance with the above direction.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge WPC 29847/2014 3 WPC 29847/2014 4