Kerala High Court
Kerala Cbse School Managements ... vs State Of Kerala on 24 March, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.11539/2025 1/4 Order Date : 24-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Monday, the 24th day of March 2025 / 3rd Chaithra, 1947
WP(C) NO. 11539 OF 2025
PETITIONERS:
1. KERALA CBSE SCHOOL MANAGEMENTS ASSOCIATION REG NO 174/1996 (REGD.)
OFFICE KALOOR ROAD, KALOOR P.O., ERNAKULAM R, REPRESENTED BY IT'S
GENERAL SECRETARY, P.S RAMACHANDRAN PILLAI, PIN-682017
2. UNAIDED SCHOOLS PROTECTION COUNCIL [CONFEDERATION OF CBSE, ICSE AND
UNAIDED SCHOOLS MANAGEMENT OF KERALA] (REG.NO. TVM/TC/139/2024) ST.
MARY'S RC SCHOOL, MUDAVANMUGAL, KESARI NAGAR, ARAMADA P.O
THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY, P.S
RAMACHANDRAN PILLAI, AGED 60, S/O. VGS NAIR, GENERAL SECRETARY,
(UNAIDED SCHOOL PROTECTION COUNCIL) ST. MARY'S RC SCHOOL,
MUDAVANMUGAL, KESARI NAGAR, ARAMADA P.O THIRUVANANTHAPURAM,
PIN-695032
3. CHERUPUSHPA BETHANY SENIOR-SECONDARY SCHOOL, CHUNAKKARA, REPRESENTED
BY ITS MANAGER, CHERUPUSHPA BETHANY SENIOR-SECONDARY SCHOOL P.B
NO.1, CHUNAKKARA P.O., ALAPPUZHA DISTRICT, PIN-690534
4. HOLY ANGEL'S ISC SCHOOL, MOUNT PLEASANT CHARITABLE TRUST,
NANTHANCODE, KOWDIAR P.O.,THIRUVANATHAPURAM-PIN-695003, REPRESENTED
BY ITS MANAGER, HOLY ANGEL'S ISC SCHOOL, MOUNT PLEASANT CHARITABLE
TRUST, NANTHANCODE, KOWDIAR P.O., THIRUVANATHAPURAM, PIN-695003
5. ST. VINCENT PALLOTTI CENTRAL SCHOOL OLLUKKARA P.O, KALATHODU,
THRISSUR DISTRICT, REPRESENTED BY ITS MANAGER, ST. VINCENT PALLOTTI
CENTRAL SCHOOL, OLLUKKARA P.O, KALATHODU, THRISSUR DISTRICT,
PIN-680655
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY GOVERNMIENT DEPARTMENT
OF LOCAL SELF-GOVERNMENT INSTITUTIONS GOVERNMENT SECRETARIAT
THIRUVANANTHAPURM, PIN-695001
2. DIRECTOR OF URBAN AFFAIRS, GOVERNMENT OF KERALA, DIRECTORATE OF
URBAN AFFAIRS PUBLIC OFFICE BUILDING, MUSEUM P.O,
THIRUVANANTHAPURAM, PIN-695033
3. DIRECTOR OF PANCHAYATS, OFFICE OF THE DIRECTOR OF PANCHAYATH,
GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING, MUSEUM P.O
THIRUVANANTHAPURAM, PIN-695033
4. THE SECRETARY, OFFICE OF THE CHUNAKKARA GRAMA PANCHAYAT, MANKAMKUZHI
ROAD, CHARUMMOODU, CHUNAKKARA, ALAPPUZHA DISTRICT, PIN-690534
5. THE SECRETARY, OFFICE OF THE THIRUVANANTHAPURAM MUNICIPAL
CORPORATION, VIKAS BHAVAN, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN-695033
6. THE SECRETARY, OFFICE OF THE THRISSUR MUNICIPAL CORPORATION,
MUNICIPAL OFFICE RD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR,
PIN-680001
WP(C) No.11539/2025 2/4 Order Date : 24-03-2025
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order of stay of collection of property tax from
petitioners 2 to 4 and from the members of the petitioner No.1 Council,
pending disposal of the above Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments
of M/S. K.JAYAKUMAR (SR.) & N.AJITH, Advocates for the petitioners and
SRI. SANTHOSH P.PODUVAL, Advocate for R6, the court passed the following:
WP(C) No.11539/2025 3/4 Order Date : 24-03-2025
BECHU KURIAN THOMAS, J.
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W.P.(C) No.11539 of 2025
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Dated this the 24th day of March, 2025
ORDER
Admit.
2. The learned Government Pleader takes notice for respondents 1 to 3. Issue notice to the 4 th respondent. Sri.Suman Chakravarthy, the learned Standing Counsel takes notice for the 5 th respondent.
Sri.Santhosh Pothuval, the learned Standing Counsel takes notice for the 6th respondent.
3. Having heard Sri.Jayakumar K., the learned Senior Counsel, instructed by Smt.Anju C.V., the learned counsel for the petitioner as well as the learned Government Pleader and the respective Standing Counsel, I am of the view that prima facie, the impugned notification do not require any interference. Hence, I decline to grant the stay sought for.
I am fortified in the above view by the order dated 26.07.2023 in a similar writ petition - W.P.(C) No.24150 of 2023.
Hence, post this case along with the said writ petition. The pleadings shall be completed in the meantime.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM WP(C) No.11539/2025 4/4 Order Date : 24-03-2025 APPENDIX OF WP(C) 11539/2025 Exhibit P 1 TRUE EXTRACT OF THE AMENDMENT BROUGHT IN BY THE KERALA FINANCE (NO.2) ACT, 2023, PUBLISHED IN THE KERALA STATUTE SECTION OF 2023 (2) KLT, Exhibit P 2 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 17-12-2024 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 17-12-2024 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 17-12-2024 ISSUED BY THE 4TH RESPONDENT Exhibit P 5 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 17-12-2024 ISSUED BY THE 4TH RESPONDENT Exhibit P 6 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 17-12-2024 ISSUED BY THE 5TH RESPONDENT Exhibit P 7 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 21-1-2025 ISSUED BY THE 5TH RESPONDENT Exhibit P 8 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 12-4-2024 ISSUED BY THE 6TH RESPONDENT Exhibit P 9 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 20-1-2025 ISSUED BY THE 6TH RESPONDENT Exhibit P 10 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 20-1-2025 ISSUED BY THE 6TH RESPONDENT