High CourtsSingle Bench(2022) 03 KL CK 0261

Kairali Ayurvedic Health Resort (Pvt.) Ltd. vs Kodumbu Grama Panchayat Kodumbu P. O., Palakkad 678551, Represented By Its Secretary

High Court Of Kerala · Decided on 30 March 2022

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 8876 Of 2022

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Judgment

3 paragraphs · 198 words

T.R.Ravi, J

The grievance of the petitioner is that amounts have been demanded, on which a dispute is pending before the Tribunal for Local Self Government Institutions. The Tribunal has passed an interim order staying the recovery, on condition that the petitioner deposits 50% of the demanded tax. It is admitted that the said amount has been deposited. The grievance is that in spite of depositing the 50% of the demanded tax as directed by the Tribunal, the D&O licence of the petitioner is not being renewed for the reason that they are defaulters. Since there is a dispute regarding the amount in default and the said dispute is also pending before the appropriate forum, which has already passed interim order, there is no justification for refusing to renew the D&O licence on that reason.

The respondents are hence directed to consider the request for renewal of the D&O licence submitted by the petitioner and pass orders renewing the licence, if the petitioner is otherwise entitled to. The reason that the petitioner is a defaulter shall not be a reason to reject the renewal of the D&O licence. Necessary orders shall be issued within one week from today.