BAHULEYAN CHARITABLE FOUNDATIN versus THE MARAVANTHURUTHU GRAMA PANCHAYAT

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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BAHULEYAN CHARITABLE FOUNDATIN v. THE MARAVANTHURUTHU GRAMA PANCHAYAT - OP No. 16597 of 2002(A) [2007] RD-KL 4736 (6 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 16597 of 2002(A)

1. BAHULEYAN CHARITABLE FOUNDATIN,
... Petitioner

Vs

1. THE MARAVANTHURUTHU GRAMA PANCHAYAT,
... Respondent

2. STATE OF KERALA, REP. BY THE

For Petitioner :SRI.SIBY MATHEW

For Respondent :SRI.VARGHESE C.KURIAKOSE

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :06/03/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

O.P. No. 16597 of 2002 A

Dated, this the 6th day of March, 2007

J U D G M E N T

Petitioner is challenging Ext.P7 order declining property tax exemption claimed by the petitioner under Sec. 207 of the Kerala Panchayati Raj Act. Petitioner is running a hospital. However, petitioner has no case of rendering free medical services in the said hospital, even though it is said to be owned by a charitable foundation. In any case, since there is no provision in Sec. 207 to grant exemption from property tax for hospital buildings, there is no scope for interference with the Government Order. The learned counsel for the petitioner pointed out that some hospitals are granted exemption from tax by various Panchayats. This court will not be justified in granting exemption merely because exemption is wrongly granted by some Panchayats to ineligible organizations. The learned counsel for the petitioner also pointed out that tax demanded vide Ext.P7 is exhorbitant. The arrears of tax pertains to the years 1999 to 2002. If the petitioner has any grievance against the amount of tax, it is for the petitioner to file  O.P.No. 16597/2002 -Page numbers- appeal before the Panchayat against the order of the Secretary and the Panchayat Committee will consider the grievances of the petitioner. This original petition is closed as above.

(C.N.RAMACHANDRAN NAIR, JUDGE)

jg 

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