THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.14601 OF 2009 DT.14.06.2010 PER THE HON’BLE SRI JUSTICE B.PRAKASH RAO Between: Andhra Evangelican Lutheran Church, Guntur. ………Petitioner Vs. The Bhimavaram Municipality, West Godavari. ……………..Respondent. O R D E R: Heard both sides. The petitioner claiming to be a Society and which is running a hospital, filed this writ petition under Article 227 of the Constitution of India seeking writ of Mndamus to declare the action of respondent Municipality in demanding property tax on the properties belonging to the hospital in Revenue Ward No.15, Block No.13, Bethanipet, Bhimavaram as illegal, arbitrary and without jurisdiction. Though several contentions are said to be raised in the writ petition, however, admittedly, as submitted by the learned counsel for the petitioner and as mentioned in para 4 of the affidavit filed in support of the writ petition, the respondent Municipality has already filed several suits for recovery of such tax in O.S.Nos.6 of 2008 and 458 of 2007 and the same are pending on the file of the learned Senior Civil Judge, Bhimavaram, West Godavari District. In view of the pendency of the civil suits, we are of the opinion that the petitioner can as well raise the said plea of any exemption or competency of the Municipality in levying such tax and the same question can be gone into and appropriate findings can be arrived at by the court below. The writ petition is accordingly disposed of. No order as to costs. ________________ B.PRAKASH RAO J., _______________________ RAMESH RANGANATHAN J., Dt.14.06.2010 js