IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 31601 of 2004(K) --------------------------------------- PETITIONER: ------------------- M/S. ALFA POLYMERS, KOLATHARA P.O., KOZHIKODE, REPRESENTED BY ITS PARTNER, K.HANEEFA. BY ADV. SRI.R.K.VENU NAYAR, SRI.T.M.VELAYUDHAN, SRI.C.A.SADASIVAN, SRI.B.V.JOY SANKER. RESPONDENTS: ------------------------ 1. DEPUTY COMMISSIONER, COMMERCIAL TAX DEPARTMENT, KOZHIKODE. 2. THE SALES TAX OFFICER IIIRD CIRCLE, KOZHIKODE. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOZHIKODE. 4. STATE LEVEL COMMITTEE FOR SALES TAX EXEMPTION, REPRESENTED BY THE DIRECTOR OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31601/2004-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THE DISTRICT INDUSTRIES CENTRE DTD. 29/07/02. EXT.P.2: COPY OF THE FORM 14 NOTICE OF PROVISIONAL ANNUAL DEMAND DTD. 23/06/2002. EXT.P.3: COPY OF THE LETTER ISSUED BY THE R.4. TO THE R.2. DTD. 13/08/2003. EXT.P.4: COPY OF THE REVISION BY THE PETITIONER AGAINST EXT.P.2 BEFORE R.1. EXT.P.5: COPY OF THE R.R. NOTICE ISSUED BY THE R.3. DTD. 12/10/04. EXT.P.6: COPY OF THE PRE-ASSESSMENT NOTICE DTD. 13/09/2004. EXT.P.7: COPY OF THE ENVELOPE IN WHICH THE NOTICE EXT.P.6 WAS SENT TO THE PARTNER MR. REGHU. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 31601 OF 2004 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To issue a writ of mandamus or other writ, order or direction directing the 2nd respondent calling for the records pertaining to the issuance of Ext. P2 and P6 and quash the same as unjust, arbitrary and illegal. ii) To issue an order directing the 1st respondent to hear and dispose of Ext. P4 pending before him within a time limit this Hon'ble Court find just and proper. iii) To issue a writ, order or direction directing the 4th respondent to dispose of the appeal before the State Level Committee as expeditiously as possible within a period fixed by this Hon'ble Court. There is no counter affidavit. There will be a direction to the first and fourth respondents to dispose of Exhibit P4 and the appeal, if not already disposed of, with notice to the petitioner within a period of four months from the date of receipt of a copy of this judgment. Interim order passed by this Court will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 31601 OF 2004 J U D G M E N T 27.06.2008