IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1194 of 2010(Y) ------------------------- PETITIONER(S): --------------- JOSE JOSEPH, MANAGING PARTNER, 'APSARA THEATRE', RAILWAYA STATION LINK ROAD,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. KOZHIKODE CORPORATION REP BY ITS SECRETARY, KOZHIKODE. 4. THE STANDING COMMITTEE, KOZHIKODE MINICIPALITY, REP. BY ITS CHAIRMAN, KOZHIKODE. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1194 of 2010 (Y) --------------------------------- Dated, this the 14th day of January, 2010 J U D G M E N T Aggrieved by Ext.P6, a communication issued by the 3 rd respondent requiring the petitioner to remit entertainment tax in full in respect of the movie “Kerala Varma Pazhassi Raja”, the petitioner has filed Ext.P7 appeal before the 3 rd respondent accompanied by Ext.P7(A) petition for stay of Ext.P6 pending disposal of the appeal. The petitioner states that both the appeal and the stay petition are pending consideration of the 3 rd respondent, and that in the meanwhile, the 2 nd respondent is insisting on payment of the amount demanded under Ext.P6. It is in these circumstances, this writ petition is filed. 2. Having regard to the fact that the petitioner has availed of statutory remedy of appeal by filing Ext.P7 before the 3 rd respondent, it is only appropriate that the appeal should be disposed of on an expeditious basis. 3. Therefore, the writ petition is disposed of with the WP(C) No.1194/2010 -2- following directions. That the 4th respondent shall dispose of Ext.P7 appeal with notice to the petitioner as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is directed that in the event there is any delay in considering Ext.P7 appeal during the aforesaid period, positively, Ext.P7(A) stay petition shall be considered and orders thereon shall be passed. 4. Until orders are passed either on the appeal or on the stay petition as directed above, further proceedings pursuant to Ext.P6 will be kept in abeyance. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent Corporation for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg