Home' Trinidad and Tobago Guardian : June 8th 2017 Contents A6 news
guardian.co.tt Thursday, June 8, 2017
Works within Lady Hailes Av. and Cipero Rd.
AAA Wastewater Treatment Plant Limited in conjunction with WASA
wishes to advise members of the travelling public that there are
works which are currently taking place within Lady Hailes Avenue
and Cipero Road San Fernando, from 6AM to 8PM each day.
These works are necessary to improve the Sewage Collection
System in the city of San Fernando. You are asked to:
• Proceed with Caution and observe all signs.
• Comply with the instructions of Health and Safety Personnel
to facilitate the safe and orderly flow of traffic.
• Be aware of Construction equipment entering and exiting.
All precautions will be taken by AAA Wastewater Treatment Plant
Limited along with its Sub Contractors to ensure that the
inconveniences to residents are kept to a minimum and proper
Health, Safety and Environmental standards are maintained.
AAA Wastewater Treatment Plant Limited greatly apologises for
any inconveniences caused by these works and thanks members
of the travelling public.
For any inquiries or concerns, please send us a letter to this address:
AAA WASTEWATER TREATMENT PLANT LIMITED
463 GULF VIEW CIRCULAR DRIVE,
GULF VIEW LA ROMAINE.
The Court of Appeal has cleared
the way for Government to resume
collection and processing of valu-
ation return forms required for the
calculation of property tax.
In an oral decision at the Hall of
Justice, Port-of-Spain, yesterday, Ap-
pellate Judges Peter Jamadar, Gregory
Smith and Judith Jones dismissed two
injunctions granted by Justice Frank
Seepersad to former agriculture min-
ister Devant Maharaj last month.
Jamadar, who delivered the ruling,
said while Seepersad properly granted
Maharaj leave to pursue his substan-
tive case against the tax, the injunc-
tions were not "just or proportional"
considering the facts of the case. The
substantive lawsuit will come up for
trial before Seepersad in September as
the court ruled that there is no need to
assign the case to another judge.
The decision on the injunctions was
largely based on procedural errors in
filing the applications and assurances
from the Commissioner of Valuations
that participation in the procedure is
entirely voluntary and will not attract
sanctions or penalties for non compli-
As part of the ruling, the court or-
dered that the procedure could only be
resumed after the Commissioner of
Valuations, whose office is in charge
of the data collection drive, publishes
notices in all three daily newspapers in-
dicating the resumption and voluntary
nature of submitting the forms. The
notices are to be published one day a
week for three consecutive weeks, with
the procedure officially resuming after
the first notice is published.
Maharaj's lawyer, Anand Ramlogan,
SC, asked the court to extend the order
to include notices on two television sta-
tions, but the court said the newspaper
notices would suffice.
Jamadar also instructed the com-
missioner's lawyers to place notices
at the offices of the Valuation Divi-
sion to inform members of the public
who come to submit their forms and
In the first injunction granted to Ma-
haraj on May 19 on the eve of the orig-
inal deadline for submission of forms,
Jamadar said Maharaj failed to inform
the State before filing the application.
However, he noted that the State was
able to make submissions on the ex
parte injunction after they learned of
it from media reports.
"This application was flawed from
inception and should not have been
entertained," he said, as he noted that
Maharaj's attorneys sought the injunc-
tion hours before the State's deadline
for response to the pre-action protocol
letter was due to expire.
"The trial judge did not treat with this
issue and there was no good reason to
justify the lack of notice,"Jamadar added.
In the second injunction granted
upon expiration of the first last week,
while the appeal was still pending,
Jamadar said Seepersad's decision was
affected as the application was done
orally and without the State being al-
lowed to tender witness statements
explaining its position.
"The court deprived itself of impor-
tant considerations," he said.
Jamadar said while Maharaj's ap-
plication was based on claims that
Government's data collection drive is
mandatory and there would be penal-
ties for failing to comply, the commis-
sioner, in his evidence before the appeal
panel, claimed the entire process was
Finance Minister Colm Imbert had
made similar statements about the
voluntary nature of the process after
he received legal advice on the first
Jamadar, who during the hearing of
the appeal on Tuesday asked why Im-
bert had sent out press releases on the
issue, said the collection of the forms
is within the sole purview of the com-
missioner and his office should make
all announcements concerning it.
Following the decision, Maharaj told
reporters he still felt vindicated as the
court ruled that the submissions of the
forms was voluntary and not mandato-
ry as first suggested by Imbert.
"In particular, I am pleased with the
last part of the judgment where the
court indicated that this property tax
form was totally and entirely voluntary
in nature and contrary to the position
adopted by the Government of Trinidad
and Tobago, which appeared to project
the image that this was a compulsory
form to be submitted by a particular
deadline," he said.
Maharaj also renewed his call to
citizens to refrain from submitting
"Exercise the voluntary option not
to submit it," he said.
The commissioner was represented
by Russell Martineau, SC, Deborah
Peake, SC, and Ravi Heffes-Doon, while
the Office of the Attorney General was
represented by Fyard Hosein, SC and
Rishi Dass. Alvin Pariagsingh and Kent
Samlal appeared alongside Ramlogan
Appeal Court overturns
property tax injunction
Justice Peter Jamadar
Links Archive June 7th 2017 June 9th 2017 Navigation Previous Page Next Page