Disposed

Dr.Jose Koshy George v. State of Kerala

Kerala HC9 Aug 2017WP(C)/19851/2017

Case brief

AI extract

What is this about?

Petitioner, owner of a building, filed W.P.(C).No.19851 of 2017 seeking exemption from property tax under Section 207(2) of Kerala Panchayath Raj Act due to charitable status. The High Court directed the Collector to consider the representation after hearing the petitioner within one month, staying recovery proceedings.

What did the court decide?

Direction to consider exemption petition within one month; stay on recovery steps.

Dr.Jose Koshy George Vs State of Kerala — Property and Title | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 9TH DAY OF AUGUST 2017/18TH SRAVANA, 1939

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WP(C).No. 19851 of 2017 (F)

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PETITIONER:

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DR.JOSE KOSHY GEORGE, CHAIRMAN, GOOD SAMARITAN CHARITABLE TRUST, JOSCO COLLEGE OF NURSING AND MULTISPECIALITY HOSPITAL, EDAPON, IRANIKUDY P.O, ALAPUZHA DISTRICT

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BY ADVS.SRI.K.SASIKUMAR

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SRI.S.ARAVIND

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SRI.P.S.RAGHUKUMAR

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001

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2. DEPUTY DIRECTOR OF PANCHAYATS, ALAPPUZHA 688 001

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3. NOORANADU GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, PADANILAM P.O, ALAPUZHA DISTRICT PIN 690 529

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R1-R2 BY GOVERNMENT PLEADER SRI NAZAR C.M.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 19851 of 2017 (F)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXHIBIT P1	A 348/2000. A TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17-05-2000 ISSUED BY THE REGISTRAR
EXHIBIT P2	A TRUE COPY OF THE LETTER C/379/04 DATED 25-10-2004 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
EXHIBIT P3	A TRUE COPY OF THE GOVERNMENT ORDER GR(RT) NO.1625/05/RD DATED 21-03-2005 OF THE GOVERNMENT OF KERALA,GRANTING EXEMPTION TO THE TRUST
EXHIBIT P4	A TRUE COPY OF THE LETTER NO.C-8-2638/16 DATED 15-07- 2016 ALONG WITH DEMAND NOTICES ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
EXHIBIT P5	A TRUE COPY OF THE LETTER NO.C4-2786/17 DATED 27-04- 2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
EXHIBIT P6	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR LOCAL SELF GOVERNMENT
EXHIBIT P7	A TRUE COPY OF THE LETTER NO 1429748/17/M LSGD DATED 3-5-2017 ISSUED BY THE PRIVATE SECRETARY TO THE HON'BLE MINISTER TO THE PETITIONER
EXHIBIT P8	TRUE COPY OF THE LETTER NO C3-3476/17 DATED 22-05-2017 ENCLOSING FOUR REVENUE RECOVERY NOTICES ISSUED BY THE 3RD RESPONDENT
RESPONDENT(S)' --------------	EXHIBITS NIL ---------

/TRUE COPY/

P.S.TO JUDGE

K.V.

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C) No.19851 of 2017

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- - - - Dated this the 9^th day of August, 2017

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JUDGMENT

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The petitioner, who is faced with recovery proceedings pursuant to Ext.P8 revenue recovery notice, for recovery of property tax, has approached the 1^st respondent through Ext.P6 representation, invoking the provision of Section 207(2) of the Kerala Panchayath Raj Act, seeking exemption from payment of property tax in respect of the building owned by him. The limited prayer of the petitioner in this writ petition is for a direction to the 1^st respondent, to consider and pass orders on Ext.P6 representation, expeditiously, after hearing the petitioner, and to keep in abeyance the recovery steps for recovery of the property tax, in the meanwhile.

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I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1^st respondent to consider and pass orders on Ext.P6 representation, preferred by the petitioner, within a period of one month from the date of receipt of a copy of this

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W.P.(c).No.19851 of 2017 : 2 :

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judgment, after hearing the petitioner. It is made clear that, till such time as the orders are passed by the 1^st respondent as directed, and the orders communicated to the petitioner, recovery steps pursuant to Ext.P8 notice shall be kept in abeyance. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 1^st respondent, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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sm/

Dr.Jose Koshy George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Jose Koshy George v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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