Kerala High Court
Sree Sudheendra Medical Mission vs The State Of Kerala on 25 September, 2024
Author: P Gopinath
Bench: P Gopinath
WP(C) No.23046/2024 1/4 Order Date : 25-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
WP(C) NO. 23046 OF 2024
PETITIONER:
SREE SUDHEENDRA MEDICAL MISSION, CHITOOR ROAD,KACHERIPPADY, KOCHI,
REPRESETED BY ITS GENERAL SECRETARY,AGED 62 YERS,MANOHAR PRABHU
VISWANATH, S/O. VISWANATHA PRABHU SARVOTHAM,RESIDING AT 50/828 - C,
NAKSHATRA, GANAPATHY TEMPLE ROAD,EDAPPALLY P.O., ERNAKULAM, PIN -
682018.
RESPONDENTS:
1. THE STATE OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY, PIN -
695001.
2. THE COCHIN MUNICIPAL CORPORATION, CORPORATION OFFICE,P.B.NO.1016,
ERNAKULAM, REPRESENTED BY SECRETARY, PIN - 682011.
3. THE SECRETARY THE COCHIN MUNICIPAL CORPORATION, CORPORATION OFFICE,
P.B.NO.1016, ERNAKULAM, PIN - 682011.
4. THE JOINT SECRETARY, THE COCHIN MUNICIPAL CORPORATION,CORPORATION
OFFICE, P.B.NO.1016, ERNAKULAM, PIN - 682011.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of exhibit p4 to p8 arrear demand notices as
well as exhibit p10 notice and all further proceedings pursuant to exhibit
p4 to p8 and p10 enabling periodical renewal of licenses and registration
of the establishments run by the writ petitioner; pending disposal of the
writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
30/08/2024 and upon hearing the arguments of M/S.VINOD MADHAVAN, M.V.BOSE,
DEVI P. & SANIYA C.V., Advocates for the petitioner, the court passed the
following:
WP(C) No.23046/2024 2/4 Order Date : 25-09-2024
GOPINATH P., J
-------------------------------------
W.P(C) No.23046 of 2024
-------------------------------------
Dated this the 25th day of September, 2024
ORDER
In the light of the orders passed in similar cases, it is
directed that the petitioner shall be permitted to pay the tax
as directed in the interim order without interest. The claim
for interest will be decided at the time of the final hearing of
the writ petition. It will also be open to the petitioner to
apply for renewal of license after paying the tax as directed
above.
Sd/-
GOPINATH P.
JUDGE
ats
WP(C) No.23046/2024 3/4 Order Date : 25-09-2024
APPENDIX OF WP(C) 23046/2024
Exhibit P 1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED
24.11.1971 ISSUED BY THE REGISTRAR OF SOCIETIES
Exhibit P 2 A TRUE COPY OF THE PROCEEDINGS OF THE COMMISSIONER OF
THE CORPORATION OF COCHIN DATED 12.01.1983
Exhibit P 3 A TRUE COPY OF THE CERTIFICATE NO.ISO/CER/6644/22,
DATED 02.03.2022 ISSUED BY THE REVENUE OFFICER,
CORPORATION OF COCHIN
Exhibit P 4 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED
23.11.2023 ISSUED BY THE SECRETARY, CORPORATION OF
COCHIN IN RESPECT OF BUILDING NO.4699 AB
Exhibit P 5 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED
19.12.2023 ISSUED BY THE SECRETARY, CORPORATION OF
COCHIN IN RESPECT OF BUILDING NO.4696
Exhibit P 6 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED
19.12.2023 ISSUED BY THE SECRETARY, CORPORATION OF
COCHIN IN RESPECT OF BUILDING NO.4697
Exhibit P 7 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED
19.12.2023 ISSUED BY THE SECRETARY, CORPORATION OF
COCHIN IN RESPECT OF BUILDING NO.4698
Exhibit P 8 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED
19.12.2023 ISSUED BY THE SECRETARY, CORPORATION OF
COCHIN IN RESPECT OF BUILDING NO.4699
Exhibit P 9 A TRUE COPIES OF THE SEPARATE REPLIES DATED 26.12.2023
PREFERRED BY THE WRIT PETITIONER BEFORE THE SECRETARY,
CORPORATION OF COCHIN IN RESPECT OF THE '5' BUILDINGS
Exhibit P 10 A TRUE COPY OF THE NOTICE DATED 09.01.2024 ISSUED BY
THE JOINT SECRETARY, CORPORATION OF COCHIN
Exhibit P 11 A TRUE COPY OF THE RECEIPT DATED 28.03.2024 ISSUED BY
THE SECRETARY, CORPORATION OF COCHIN ON RECEIPT OF
PROPERTY TAX FOR THE YEAR 2023-24 FOR BUILDING
Exhibit P 12 A TRUE COPY OF THE RECEIPT DATED 28.03.2024 ISSUED BY
THE SECRETARY, CORPORATION OF COCHIN ON RECEIPT OF
PROPERTY TAX FOR THE YEAR 2023-24 FOR BUILDING
Exhibit P 13 A TRUE COPY OF THE RECEIPT DATED 28.03.2024 ISSUED BY
THE SECRETARY, CORPORATION OF COCHIN ON RECEIPT OF
PROPERTY TAX FOR THE YEAR 2023-24 FOR BUILDING
Exhibit P 14 A TRUE COPY OF THE RECEIPT DATED 28.03.2024 ISSUED BY
THE SECRETARY, CORPORATION OF COCHIN ON RECEIPT OF
PROPERTY TAX FOR THE YEAR 2023-24 FOR BUILDING
Exhibit P 15 A TRUE COPY OF THE RECEIPT DATED 28.03.2024 ISSUED BY
THE SECRETARY, CORPORATION OF COCHIN ON RECEIPT OF
PROPERTY TAX FOR THE YEAR 2023-24 FOR BUILDING
NO.66/4699/AB
Exhibit P 16 A TRUE COPY OF THE REPRESENTATION DATED 17.05.2024
PREFERRED BY THE WRIT PETITIONER BEFORE THE PRINCIPAL
SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT
Exhibit P 17 A TRUE COPY OF THE JUDGMENT DATED 04.01.2024 RENDERED
BY THE HON'BLE HIGH COURT OF KERALA IN
WP(C) No.23046/2024 4/4 Order Date : 25-09-2024
Exhibit 18 A TRUE COPY OF THE LICENSE DATED 10.07.2023 ISSUED BY
THE COCHIN CORPORATION
Exhibit P 19 A TRUE COPY OF THE REGISTRATION CERTIFICATE DATED
23.08.2023 ISSUED BY THE COCHIN MUNICIPAL CORPORATION
TO THE WRIT PETITIONER
Exhibit P 20 A TRUE COPY OF THE JUDGMENT DATED 21.09.2023 PASSED BY
THE HON'BLE HIGH COURT OF KERALA IN W.P.(C). NO.
