Baselius Thomas 1St Catholicose Public ... vs Vadavukodu Puthencruz Grama ...
2024 Latest Caselaw 30181 Ker

Kerala High Court

Baselius Thomas 1St Catholicose Public ... vs Vadavukodu Puthencruz Grama ... on 24 October, 2024

Author: P Gopinath

Bench: P Gopinath

                                                             2024:KER:79293

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                          WP(C) NO. 19001 OF 2024

PETITIONER:

            BASELIUS THOMAS 1ST CATHOLICOSE PUBLIC SCHOOL,
            PUTHENCRUZ P.O. PUTHENCRUZ, ERNAKULAM DISTRICT,
            REPRESENTED BY ITS MANAGER, SR.YOHANNA, AGED 65 YEARS,
            D/O. MATHEW VARGHESE, RESIDING AT ST. MARY'S CONVENT,
            PUTHENCRUZ P.O., PUTHENCRUZ, PIN - 682308.


            BY ADVS.
            SAJI VARGHESE KAKKATTUMATTATHIL
            AMALENDU A.


RESPONDENTS:

    1       VADAVUKODU PUTHENCRUZ GRAMA PANCHAYATH,
            PUTHENCRUZ. P.O., ERNAKULAM DISTRICT, REPRESENTED BY
            ITS SECRETARY, PIN - 682308.

    2       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695001.


            BY ADV K.S.ARUN KUMAR, SC
            SMT.K.R.DEEPA, SPL.GP
     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19001 OF 2024

                                   2

                                                          2024:KER:79293


                             JUDGMENT

In view of the amendments to the provisions of the Kerala

Panchayat Raj Act deleting the provisions of Section 207(ba), the

petitioner is not entitled to the benefit of property tax exemption.

Therefore, this writ petition is closed, reserving the liberty

of the petitioner to challenge the amendment, if so advised.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 19001 OF 2024

2024:KER:79293 APPENDIX OF WP(C) 19001/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOC DATED 27-10-2011 ISSUED TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE AFFILIATION CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION DATED 26.12.2011

Exhibit P3 TRUE COPY OF THE CIRCULAR OF THE 2ND RESPONDENT DATED 12.04.2012

Exhibit P4 TRUE COPY OF THE NOTICE DATED 16.03.2024 FOR THE PERIOD 2023-2024 FOR

Exhibit P5 TRUE COPY OF THE NOTICE DATED 16.03.2024 FOR THE PERIOD 2023- 2024 FOR BUILDING NO. 831A

Exhibit P6 TRUE COPY OF THE ORDER DATED 14.11.2017