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2011 Supreme(Ker) 231

J.CHELAMESWAR, ANTONY DOMINIC
Mercy – Appellant
Versus
Secretary To Government Of Kerala – Respondent


Advocates Appeared:For the Petitioners:S. Vijayan Nayar, Advocate. For the Respondent: K.P. Pradeep, Government Pleader.

Judgment :

Antony Dominic, J

1. This writ appeal arises from the judgment of the learned Single Judge dismissing W.P (c).No.34824/2005. The writ petition was filed by the appellant, seeking to quash Exts.P3,P5 and P7 orders and for directing the respondents to exempt from building tax a building constructed by them, having a plinth area of 4336.14 square meters, as provided under Section 3(1)(b) of the Kerala Building Tax Act, 1975.(here-in-after referred to as the Act).

2. Facts of the case are that the appellant is a Society registered under the Societies Registration Act,1860 and Ext.P1 is its Memorandum of Association. In pursuance to the objects set out in its Memorandum of Association, the appellant has established a hospital and for the purpose of the hospital, it has constructed the building in question. The 2nd respondent issued notice under the Act, proposing to levy building tax which was contested by the appellant on the ground that the building is used principally for charitable purposes and therefore is entitled to be exempted from building tax as provided under Section 3(1) (b) of the Act. However, the 2nd respondent rejected the claim of the appellant and issued Ext.





























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