The petitioner is aggrieved by the order of the Tribunal dated 16.05.2008 as found in Ext.P4. The Tribunal rejected the review petition of 2008 for reason of there being no compliance of Section 509 (11) of the Kerala Municipality Act, 1994. The provision mandated payment of tax for maintaining the appeal.
2. The petitioner relies on a decision of this Court in Ext.P2 which directed the petitioner to approach the Tribunal within a period of one month. It is also directed that there will be no recovery till such time, in case the petitioner remits 50% of the demand. In fact, there is no direction to consider the appeal even if there is no compliance of Section 509(11).
WPC.No. 18226/2008 : 2 :
3. However, the learned Counsel for the petitioner submits that the entire amounts were paid even before the revision was rejected. The learned Counsel appearing for the Municipality confirms that the entire amounts were paid. In such circumstance if the petitioner re presents the revision within three weeks from the date of receipt of a certified copy of this judgment, the Tribunal shall accept the revision on files and after issuing notice to the Municipality, consider the same in accordance with law.
Writ petition is disposed of without any observation on the merits of the case.
Sd/-