Corporation Of Cochin vs Lourdes Hospital
2021 Latest Caselaw 13575 Ker

WA No.1756/2020                               1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                   THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                            &
                          THE HONOURABLE MR. JUSTICE GOPINATH P.
                  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                                     W.A NO. 1756/2020
      AGAINST JUDGMENT DATED 29.09.2020 in          WP(C) 17961/2020 OF THIS COURT
  APPELLANTS/RESPONDENTS 2 AND 3 IN WPC 17961/2020

      1. CORPORATION OF COCHIN,COCHIN 682 011 , REPRESENTED BY ITS
          SECRETARY.
      2. SECRETARY, CORPORATION OF COCHIN, COCHIN-682011.


    BY ADV.K.B ARUNKUMAR


  RESPONDENTS/PETITIONER AND 1st RESPONDENT IN WPC 17961/2020

      1. LOURDES HOSPITAL PACHALAM, ERNAKULAM DISTRICT, PIN-682012,
          REPRESENTED BY ITS DIRECTOR, FR.SHAIJU AUGUSTINE THOPPIL.
      2. STATE OF KERALA REPRESENTED BY       SECRETARY, DEPARTMENT OF LOCAL
          SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.


        BY ADV. SRI.ENOCH DAVID SIMON JOEL, SRI.S.SREEDEV, SRI.RONY JOSE,


               & SRI.CIMIL CHERIAN KOTTALIL FOR R1


            GOVERNMENT PLEADER FOR R2


         Prayer for the interim relief in the Writ Appeal stating that in
         the      circumstances stated in the appeal memorandum     the High Court
         be pleased to stay the operation of the judgment of the learned
         single judge dated 29.09.2020 in WP(C) No 17961/2020 pending
         disposal of the Writ Appeal.
         This Writ Appeal again coming on for orders on 01.07.2021 upon
         perusing the appeal memorandum and this Court's order dated
         22.03.2021 the court on the same day passed the following:

                                                                              (PTO)
 WA No.1756/2020                                 2/2



                       A.K. JAYASANKARAN NAMBIAR, J.
                                              &
                                    GOPINATH P., J.
                       -------------------------------------------------
                               W.A No. 1756 OF 2020
                       -------------------------------------------------
                       DATED THIS THE 1st DAY OF JULY, 2021

                                        ORDER

Gopinath, J:

Since the issue relates to the levy of property tax from 2012, in respect

of a building for which the occupancy certificate was admittedly issued only

in the year 2020, the appellant (the Cochin Corporation) shall place on

record documents if any available on file that would suggest that the

building was in fact occupied and used from 2012 as is now suggested and if

so, the steps taken by the Corporation against such unauthorised

occupation.

Post on 16-07-2021.

Sd/-

A.K. JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE AMG

01-07-2021 /True Copy/ Assistant Registrar