IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 5905 of 2005(C) ------------------------------------- PETITIONER: ------------------- FR.JAMES KUMBAMTHANAM, RESIDING AT KUMBAMTHANATHU HOSUE, KARIKKUZHY P.O.,VIA NEERETTUPURAM,WORKING AS THE MANAGER,ST.JOSEPH'S CENTRAL SCHOOL AND JUNIOR COLLEGE,MUNDAKKAYAM,KOTTAYAM DISTRICT. BY ADV. SRI.P.HARIDAS. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. MUNDAKKAYAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1, ADV. SRI.T.I.ABDUL SALAM FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5905/2005-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF EXTENSION OF AFFILIATION NO. CBSE/AFF/9374/26715 DTD. 26/08/02 VALID TILL 31/03/2008. EXT.P.2: COPY OF THE CLARIFICATORY ORDER NO. 2425/04 DTD. 12/07/2004 ISSUED BY THE GOVERNMENT. EXT.P.3: COPY OF THE DEMAND NOTICE DTD. 22/01/2005 ISSUED BY THE SECRETARY, MUNDAKKAYAM GRAMA PANCHAYATH. EXT.P.4: COPY OF THE WRITTEN OBJECTION DTD. 08/02/2005 SUBMITTED BY THE BISHOP RT. REV. DR. ISSAC MAR CLEEMIS FOR AND ON BEHALF OF THE ST. JOSEPHS ENGLISH MEDIUM SCHOOL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.5905 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The challenge is on Ext.P3 notice. The issue pertains to the claim made by the Panchayat for property tax. It is the case of the petitioner that under Section 207 of the Kerala Kerala Panchayat Raj Act, a building used by the educational institution is exempted from property tax. Reliance is also placed on Ext.P2. If as a matter of fact, the building is used for educational purpose, there shall be no levy of property tax. Appropriate orders on Ext.P4, in the light of of the observations contained this judgment will be passed by the competent authority, within three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.5905 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.