Holy Matha Educational Trust vs Neyyattinkara Municipality
2024 Latest Caselaw 10898 Ker

Kerala High Court

Holy Matha Educational Trust vs Neyyattinkara Municipality on 12 April, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                 THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
          Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
                             WA NO. 105 OF 2024
    (AGAINST JUDGMENT DATED 12.01.1024 IN WP(C) 1268/2024 OF THIS COURT)
APPELLANT/PETITIONER:

     HOLY MATHA EDUCATIONAL TRUST,AGED 53 YEARS,NEYYATTINKARA REPRESENTED
     BY ITS CHAIRPERSON AND MANAGING TRUSTEE,SANTHI. K. RESIDING AT
     AVIKKUZHI,MELE THATTU PUTHEN VEEDU,OLATHANNI, NEYYATTINKARA
     P.O.,THIRUVANATHAPURAM,PIN-695121.

BY.ADVS.M/S.SOORAJ T.ELENJICKAL, ATHUL ROY, HELEN P.A., NITHIN ANTONY
JOSE, STEPHANIE SHARON, C.R.SYAMKUMAR

RESPONDENTS/RESPONDENTS:

  1. NEYYATTINKARA MUNICIPALITY,REPRESENTED BY ITS SECRETARY,MUNICIPAL
     OFFICE,NEYYATTINKARA,PIN-695121.
  2. THE SECRETARY,NEYYATTINKARA MUNICIPALITY,MUNICIPAL
     OFFICE,NEYYATTINKARA,PIN-695121.
  3. THE CHAIRMAN,STANDING COMMITTEE OF FINANCE,NEYYATTINKARA
     MUNICIPALITY,MUNICIPAL OFFICE,NEYYATTINKARA,PIN-695121
  4. THE AUTHORIZED OFFICER,REVENUE RECOVERY
     OFFICE,NEYYATTINKARA,PIN-695121.
  5. THE TAHSILDAR (RR),NEYYATTINKARA-KATTAKKADA
     ROAD,NEYYATTINKARA,PIN-695121
  6. THE DISTRICT COLLECTOR,2ND FLOOR CIVIL STATION BUILDING,CIVIL
     STATION ROAD,KUDAPPANAKUNNU, THIRUVANANTHAPURAM,PIN-695043.
  7. STATE OF KERALA,REPRESENTED BY THE GOVERNMENT SECRETARY TO THE
     DEPARTMENT OF LOCAL SELF GOVERNMENT,GOVERNMENT
     SECRETARIAT,THIRUVANTHAPURAM,PIN-695033.

 BY.SRI.R.T.PRADEEP,(SC) for R1 to R3,GOVERNMENT PLEADER for R4 to R7


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an interim order staying all coercive action against the appellant
and its property for the recovery of property tax assessed by
Neyyattinkara Municipality with respect to the building NMC XIV/127(1)UA
therein by keeping in abeyance the operation of the judgment dated
12.01.2024 in W.P.(C)No.1268/2024, until disposal of the writ appeal.


     This Writ Appeal again coming on for orders on 12.04.2024,upon
perusing the appeal memorandum and this court's order dated 13.03.2024,
the court passed the following:
                  DR. A.K.JAYASANKARAN NAMBIAR
                                 &
                       SYAM KUMAR V.M., JJ.
               ------------------------------
                        WA No.105 of 2024
              -------------------------------
                Dated this the 12th day of April, 2024

                               ORDER

Dr. A.K.Jayasankaran Nambiar, J.

Taking note of the submission of the learned counsel for the

appellant that the balance amount of Rs.8,00,000/- has also been paid on

08.04.2024, the interim order is extended until further orders.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE

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