IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 25303 of 2008(K) -------------------------- PETITIONER: ------------ THE VICAR, MARTHOMA CHERIA PALLI, KOTHAMANGALAM. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE TAHSILDAR, KOTHAMANGALAM. 3. THE SECRETARY, KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 25303 OF 2008 K ```````````````````````````````````````````````````` Dated this the 29th day of August, 2008 J U D G M E N T Petitioner is a Vicar of Marthoma Cheria Palli, Kothamangalam. He challenges Exts.P6, P6(a) and P6(b) proceedings under the Kerala Building Tax Act. Ext.P2 is the representation submitted by the Secretary of Mar Baselios Medical Mission Hospital, Kothamangalam, to the 2nd respondent. Complaint of the petitioner is that the matter is to be decided under section 3(1)(b) of the Building Tax Act by the Government. According to the petitioner, the petitioner is entitled to exemption under section 3(1)(b) of the Act being a charitable organisation. I find that Ext.P2 is filed by the Secretary of the Association. In such circumstances, I do not think that the petitioner can be permitted to maintain this writ petition. Without prejudice to the right of the appropriate party to file a fresh writ petition, this writ petition is closed. Sd/- (K.M.JOSEPH, JUDGE) aks