IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5102 of 2008(G) ------------------------- PETITIONER: ------------ M/S. MOTHER HOSPITAL (P) LTD., P.O.PULLAZHI, OLARI, THRISSUR-12, REP. BY DIRECTOR, DR. P.A.ABDUL HAKKIM. BY ADV. SRI.RAJIT RESPONDENTS: ------------- 1. THE SECRETARY, CORPORATION OF TRICHUR. 2. THE CORPORATION COUNCIL, MUNICIPAL CORPORATION, CORPORATION OF THRISSUR. 3. THE CHAIRMAN, STANDING COMMITTEE FOR APPEAL ON TAXATION, MUNICIPAL CORPORATION, TRICHUR. BY SC SRI.K.B.MOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 5102 OF 2008 ---------------------------------- Dated this the 13th day of February , 2008 JUDGMENT The grievance of the petitioner is that the appeal, which had been filed by the petitioner against the assessment order passed by the first respondent wrongly before the 2nd respondent Council, has now been rejected by the Council. The Council should have returned the appeal as defective for presentation before the 3rd respondent. Standing Counsel Sri.K.B.Mohandas takes notice on behalf of the Corporation. 2. I have heard the submissions of Sri.K.B.Mohandas also. I find merit in the submissions of Sri. Rajith, the learned counsel for the petitioner that the 2nd respondent was not justified in rejecting the appeal. Accordingly, I quash Ext.P5 to the extent it rejects Ext.P4 appeal. Ext.P5 is modified and the petitioner is permitted to file fresh appeal exactly in the lines of Ext.P4 before the 3rd respondent. If the 3rd respondent receives an appeal from the petitioner exactly in the lines of Ext.P4 within 10 days from today, the 3rd respondent will WPC No. 5102/2008 2 entertain that appeal and dispose of the same in accordance with law at the earliest. The Writ Petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. dpk