High Court Kerala High Court

Sree Narayana Bhaktha Paripalana … vs State Of Kerala on 9 August, 2007

Kerala High Court
Sree Narayana Bhaktha Paripalana … vs State Of Kerala on 9 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 23531 of 1998(B)



1. SREE NARAYANA BHAKTHA PARIPALANA YORAM
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.PUSHPARAJAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/08/2007

 O R D E R
                       H.L. DATTU, C.J. & K.T. SANKARAN, J.
              ...................................................................................
                                  O.P. No. 23531 OF 1998
              ...................................................................................
                             Dated this the 9th August, 2007


                                          J U D G M E N T

H.L. Dattu, C.J.:

Petitioner claims that it is a society registered under the provisions of

the Act 11 of 1088 of the Registrar of Joint Stock Companies, as a charitable

organisation. In this Original Petition filed under Article 226 of the

Constitution of India, the petitioner-society seek the following reliefs, they are

as under:

“i) Issue a writ of certiorari or any other writ, order or

direction quashing Ext.P4 notice issued by the 3rd respondent

and Ext.P5 assessment.

ii) Issue a writ of mandamus or any other writ, direction or

order directing the respondents to exempt the buildings

-Shopping Complex and Sree Narayana Auditorium from the

payment of building tax as exempted under the Building Tax Act

and the Rules.

iii) Stay all further proceedings pursuant to Ext.P4 notice

dated 16.10.1998. “

2. At the time of hearing of this Original Petition, learned counsel for

the petitioner-society very fairly submits that he is not pressing for an answer

O.P. No. 23531 OF 1998

2

to prayer No.(ii).

3. Taking note of the submission made by the learned counsel, we are

not answering prayer No.2 in this Original Petition.

4. What remains now is only the challenge against the orders of

assessment passed by the Tahsildar (Ext.P5) under the provisions of the

Kerala Building Tax Act and the notice issued pursuant thereto.

5. If, for any reason, the petitioner-society is aggrieved by the orders

of assessment passed by the Tahsildar under the provisions of the Kerala

Building Tax Act and notice of demand issued pursuant thereto, necessarily

petitioner-society has to question those orders of assessment and notice of

demand, by filing an appropriate appeal before the Revenue Divisional

Officer. The remedy provided under the Act is not only effective but also

efficacious. Without exhausting the remedy available to the petitioner-society

under the Act, petitioner could not have approached this court.

6. In view of the above, the following:

O R D E R

i) In view of the submission made by the learned counsel for the

petitioner-society, prayer No.2 raised in this Original Petition is rejected.

ii) If for any reason, the petitioner-society is aggrieved by the orders of

assessment passed by the 3rd respondent-Tahsildar and the notice of demand

issued pursuant thereto , petitioner- Society is permitted to file an appropriate

appeal within 30 days from today.

iii) If such an appeal is filed within the time granted by this court,

O.P. No. 23531 OF 1998

3

the appellate authority shall decide the appeal only on merits without

reference to the period of limitation.

iv) All other contentions raised in this Original Petition are left open.

v) Pending Civil Miscellaneous Petitions are also disposed of.

Ordered accordingly.

H.L. DATTU,
CHIEF JUSTICE.

K.T. SANKARAN,
JUDGE.

lk

O.P. No. 23531 OF 1998

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H.L. DATTU, C.J.&
K.T. SANKARAN, J.

……………………………………………….

O.P. No. 23531 OF 1998

……………………………………………….
Dated this the 9th August, 2007

J U D G M E N T