IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 28568 of 2009(M) --------------------------------------- PETITIONER: ------------------- SR.MARY FRANCIS,MANAGER AND MOTHER SUPERIOR,ALL SAINTS COLLEGE,CHAKKAI, THIRUVANANTHAPURAM-695 007. BY ADV. MR.LAL GEORGE. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,CORPORATION BUILDING, THIRUVANANTHAPURAM. 3. CHAIRMAN,STANDING COMMITTEE FOR APPEALS, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER MR. I.V. PRAMOD, R2 & R3 BY MR.N. NANDAKUMARA MENON, SENIOR ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------ W.P.(C). No.28568 OF 2009 ------------------------------------ Dated this the 28th day of October, 2009 J U D G M E N T ~~~~~~~~~~~ A minority educational institution has filed an appeal before the Standing Committee for Appeals of the Thiruvananthapuram Corporation essentially claiming that it is eligible for exemption from payment of property tax in terms of clause (d) of Section 225 of the Kerala Municipality Act. Its contention is that the building is a hostel and merely the extension of an existing construction and is therefore eligible for exemption. There is no reason, why the Standing Committee would delay the consideration of the appeal. I am also satisfied that the demand and recovery of property tax for that building shall not be enforced now. It is accordingly ordered that Exts.P10 and P11 shall be considered and disposed of, at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Until then, there will be no further recovery. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps