LAWS(APH)-2005-3-96

PITHAPURAM MUNICIPALITY Vs. CHRISTIAN MEDICAL CENTRE

Decided On March 28, 2005
PITHAPURAM MUNICIPALITY, PITHAPURAM Appellant
V/S
CHRISTIAN MEDICAL CENTRE, PITHAPURAM Respondents

JUDGEMENT

(1.) Heard Sri S. Nageshwara Reddy, the learned Counsel representing the appellant. None represents for respondent.

(2.) Pithapuram Municipality represented by its Commissioner, aggrieved by the judgment and decree made in A.S.No.12 of 1995 on the file of the Subordinate Judge, Pithapuram had preferred the present second appeal.

(3.) Respondent herein, Christian Medical Center represented by its Superintendent, Pithapuram, filed O.S. No.59 of 1988 on the file of the District Munsif, Pithapuram, for declaration that the levy of tax of 989.01 ps to the house bearing Assessment No.569, New Assessment No.349, Door No. 1-3-22 by the defendant municipality as illegal and not binding on the plaintiff and also for consequential relief of permanent injunction restraining the defendant from collecting the tax and also for declaration that the enhancement of tax for the above building from 686.84ps under a special notice dated 29-9-1986 as illegal and capricious and for consequential relief of injunction not to collect the enhanced tax and also for declaration that the levy of tax of 326-24ps levied to the building Assessment No.254, New Assessment No.350, Door No. 1-3-22 A as illegal and void and for consequential relief of injunction not to collect the tax and likewise for declaration that the enhancement of tax for the above building 1-3-22 A from Rs.326-24ps to 543-05ps under a special notice dated 29-9-1986 as illegal, arbitrary and capricious and for a consequential relief of injunction and for costs.