IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 2605 of 2009(I) ------------------------------------ PETITIONER: ------------------- TOWER VISION INDIA (P) LIMITED, CHENNAI, REPRENTED BY ITS REGIONAL HEAD (LEGAL) (SOUTH), MR. RAJNISH RANJAN, BUILDING NO. 29/372, ARAKKAL HOUSE, VYTTILA, ERNAKULAM. BY ADVS. MR.SANTHOSH MATHEW, MR.SATHISH NINAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TELECOM REGULATORY AUTHORITY OF INDIA, MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNCATIONS, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI - 110 001. 3. KOTTUVALLY GRAMA PANCHAYATH, VALLUVALLY, KOONAMMAVU.P.O, PIN - 683 518, REPRESENTED BY ITS SECRETARY. 4. DEPARTMENT OF TELECOMMUNICATION, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI, REPRESENTED BY ITS SECRETARY. R2 & R4 BY MR.P.PARAMESWARAN NAIR, ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, ALONG WITH W.P.(C). NO. 2644/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2605/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEMORANDUM OF ARTICLES OF ASSOCIATION OF THE TOWER VISION OF THE PETITIONER AS WELL AS THE CERTIFICATE OF INCORPORATION. EXT.P.2: COPY OF THE REGISTRATION CERTIFICATE NO. 113/06 DTD 22/06/2006 ISSUED BY THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY. EXT.P.3: COPY OF THE G.O.(MS).NO.166/07/LSGD DTD. 23/06/2007. EXT.P.4: COPY OF THE G.O.(MS).NO.62/2008/LSGD DTD. 06/03/2008. EXT.P.5: COPY OF THE G.O.(MS).NO.104/08/LSGD DTD. 02/04/2008. EXT.P.6: COPY OF THE G.O.(MS).NO.7/09/LSGD DTD. 01/01/2009. EXT.P.7: COPY OF THE G.O.(MS).NO.13/09/LSGD DTD. 02/01/2009. EXT.P.8: COPY OF THE MINUTES OF THE MEETING HELD ON 05/12/2008. EXT.P.9: COPY OF THE DEMAND NOTICE ISSUED BY THE KOTTUVALLY GRAMA PANCHAYATH ON 08/01/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NOs. 2605, 2644, 7608, 10135, 10340 & 11013 OF 2009 ............................................ DATED THIS THE 22nd DAY OF SEPTEMBER, 2009 JUDGMENT Ext.P7 Government Order purportedly modifying the rate of property tax is under challenge. It has already been brought to the notice of this court that the application of the said Government Order has been frozen by G.O.(Ms)No.140/09/LSGD dated 22.7.2009. Obviously, further action can ensue for revision of property tax only on the basis of the statute law, including any modifications to the statute that may be brought up. It is so declared. With this, these writ petitions stand allowed to the aforesaid extent. The amounts paid by the petitioner in terms of the interim order shall be refunded on production of a copy of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/22/9