Dm Education And Reserch ... vs State Of Kerala
2021 Latest Caselaw 2916 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.19543 OF 2019(P)


PETITIONER/S:

                DM EDUCATION AND RESERCH FOUNDATION
                A CHARITABLE AND EDUCATIONAL TRUST HAVING ITS
                REGISTERED OFFICE AT NASEERA NAGAR, MEPPADI P.O.,
                WAYANAD DISTRICT-673 577, REPRESENTED BY ITS
                AUTHORIZED SIGNATORY AND LAW OFFICER,
                MR.ZALAZI KALLANGODAN.

                BY ADVS.
                SRI.S.SREEKUMAR (SR.)
                SRI.P.MARTIN JOSE
                SRI.P.PRIJITH
                SRI.R.GITHESH
                SRI.THOMAS P.KURUVILLA
                SRI.AJAY BEN JOSE
                SRI.MANJUNATH MENON

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2         THE TAHASILDAR, VYTHIRI,
                WAYANAD, PIN-673 576.


OTHER PRESENT:

                GP SMT.JASMINE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.19543 OF 2019(P)

                                        2




                           JUDGMENT

Dated this the 27th day of January, 2021

The prayer in this application is for recalling of the

judgment dated 4.3.2020 on the ground that the

impugned order Ext.P7 was without jurisdiction and

therefore remedy under Article 226 was not a bar to avail

and nor counsel representing the petitioner made a

request for withdrawal of the writ petition.

2. Keeping in view the fact that the application for

recalling is supported by an affidavit, particularly with

regard to non submission of the statement/petitioner for

withdrawal, I deem it appropriate to recall the order.

Concededly Ext.P7 dated 10.6.2019 passed by the

Village officer is the order imposing the building tax as

per the provisions of the Kerala Building Tax Act. The

aforementioned order is appealable under Section 11 of

the Kerala Building Tax Act. Thus, I am of the view that

all the points raised in the present writ petition can be WP(C).No.19543 OF 2019(P)

agitated by the petitioner by availing the remedy of

appeal. No ground for interference is made out.

Writ petition is dismissed.

SD/-

                                          AMIT RAWAL

  sab                                       JUDGE
 WP(C).No.19543 OF 2019(P)




                            APPENDIX
  PETITIONER'S/S EXHIBITS:

  EXHIBIT P1         TRUE COPY OF DOCUMENT NO.214 OF
                     KOZHIKODE SUB REGISTRY DATED
                     04.08.2010.

  EXHIBIT P2         TRUE COPY OF EXEMPTION ORDER UNDER

SECTION 80G(5)(VI) OF THE INCOME TAX ACT, 1961 ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER TRUST.

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 11.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 30.01.2019 IN WPC NO.2836 OF 2019 OF THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 27.03.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF COVERING LETTER DATED 20.06.2019 ADDRESSED TO THE 2ND RESPONDENT, TAHASILDAR, VYTHIRI TALUK.

EXHIBIT P7 TRUE COPY OF ORDER NO.C2-14309/17 DATED 10.06.2019 OF THE 2ND RESPONDENT.