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2026 Supreme(Online)(Ker) 2501

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S VPK MOTORS PVT. LTD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: DR.K.P.PRADEEP, SHRI.HAREESH M.R., SHRI.SANAND RAMAKRISHNAN, SHRI.T.T.BIJU, SMT.T.THASMI, SMT.M.J.ANOOPA
For the Respondents: SHRI.ARUN AJAY SHANKAR, G.P

JUDGMENT

The petitioner, is the owner of a building used for running a dealership in Toyota vehicles. According to the petitioner, the said building is used for accommodating a showroom, workshop and a service center. The question that arises for consideration in this writ petition relates to the exemption for the building from the payment of building tax as contemplated under Section 3 (1)(b) of the Kerala Building Tax Act , 1975.

2. The petitioner was subjected to an assessment as per Ext.P1 order by the 4th respondent-Tahsildar, imposing a tax liability of Rs.31,52,700/-. The petitioner submitted an application as evidenced by Ext.P2, seeking exemption under Section 3 (1)(b) of the Kerala Building Tax Act , 1975, before the Government. The petitioner simultaneously challenged the assessment order by approaching this Court by filing W.P.(C). No.9033/2021 which resulted in Ext.P5 order, in which, the petitioner was relegated to invoke the statutory remedy of appeal. Accordingly, an appeal was submitted before the 3rd respondent and as per Ext.P6, the said application was rejected, mainly on the ground that, the plinth area of the building used for showroom, is higher than the a

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