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A. K. SIKRI, ASHOK BHUSHAN
Lisie Medical Institutions – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
A.K. Sikri, J. - This appeal is preferred against the order dated 18.07.2016 passed by the Division Bench of the High Court in Writ Appeal No. 1386 of 2016 which was filed by the appellant herein challenging the order of the learned single Judge whereby the writ petition of the petitioner has been dismissed. We may mention at the outset that the appellant (M/s. Lisie Medical Institutions) is claiming itself to be a charitable institution and is, thus, seeks exemption from liability of paying building tax under the Kerala Building Tax Act, 1975 (for short the `Act') in respect of its building in Ernakulam, Kerala where it runs the hospital.
2. A brief description of background facts would suffice, which is as follows:
The appellant 'M/s. Lisie Medical Institutions' was constituted under a Registered Trust Deed, executed on 03.04.1990 by the Archdiocese of Ernakulam, appointing Rev. Msgr. Parackel as the trustee of the Trust. The appellant-trust is only an instrumentality of its settler, the Church. His Excellency Mar Sebastian Adayantharath (Chairman), Auxiliary Bishop of Ernakulam - Angamaly Archdiocese, His Excellency Mar Jose Puthenveettil Auxiliary Bishop of Ernakulam -
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