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2025 Supreme(Online)(Ker) 51991

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
RANI JAI CONVENT – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 2634 OF 2025 | WP(C) NO.35447 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.CIBI THOMAS, SRI.K.PRAVEEN KUMAR
For the Respondents: DR.THUSHARA JAMES

The appeal emphasizes the necessity for government exemption from building tax consideration, irrespective of prior payments made.

Headnote:In this case, the Court analyzed the provisions regarding exemption from building tax and emphasized the need for the appellant to approach the Government for such exemption. The court recognized the applicability of the Apex Court's judgment regarding similar matters. The dismissal of the writ petition does not impede the Government's authority to make a decision based on law and the request for exemption.

A.Muhamed Mustaque, J.

Having considered the issue involved in this matter, it is appropriate for the appellant to approach the Government seeking exemption from building tax, notwithstanding the fact that they have already paid the tax. It is for the Government to decide whether to grant exemption retrospectively and order a refund of the amount. While considering the request for exemption, the Government shall also take into account the judgment of the Apex Court in Government of Kerala and Another v. Mother Superior Adoration Convent ; [2021(2) KHC 188]

Therefore, with liberty to approach the Government as above, this writ appeal stands disposed of. We make it clear that the dismissal of the writ petition will not stand in the way of the Government taking an appropriate decision in accordance with law.

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