IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 30124 of 2007(J) -------------------------- PETITIONER: ------------ M/S. SIEMENS LIMITED, K.G. OXFORD BUSINESS CENTRE, SREEKANDATH ROAD, RAVIPURAM, ERNAKULAM, REP. BY P.V.VENUGOPAL, CHIEF MANAGER, INDIRECT TAXATION. BY ADV. SRI.JOSE JOSEPH RESPONDENTS: ------------- 1. THE INTELLIGENCE OFFICER, SQUAD NO.IV, COMMERCIAL TAXES, PALAKKAD. 2. THE INSPECTING ASSISTANT COMMISSIONER (INT.), COMMERCIAL TAXES, PALAKKAD. 3. THE INTELLIGENCE OFFICER, SQUAD NO.VI, COMMERCIAL TAXES, PALAKKAD. 4. THE SALES TAX OFFICER, SALES TAX CHECK POST, WALAYAR, PALAKKAD. 5. THE COMMISSIONER OF COMMERCIAL TAXES, PUBLIC OFFICE BUILDING, TRIVANDRUM-18. BY G.P. SHRI.VINODH CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 30124/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER IN STA 4963/2005 DTD.23.7.05. P2. COPY OF THE PROCEEDINGS OF R5 DTD.5.7.06. P3. COPY OF THE LETTER TO R2 DTD.15.3.07. P4. COPY OF THE LETTER BY R1 DTD.20.3.07. P5. COPY OF THE LETTER TO R2 DTD.27.3.07. P6. COPY OF THE ORDER OF R3 DTD.27.10.06. P7. COPY OF THE LETTER DTD.15.3.07 TO R3. P8. COPY OF THE INTERIM ORDER IN W.P.C.NO.7378/06 DTD.13.3.06. P9. COPY OF THE JUDGMENT IN W.P.C.NO.7378/06 DTD.20.12.06. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.30124 of 2007 ----------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT The writ petition is filed with the following prayers:- i) issue a writ of mandamus or any other appropriate writ or order directing the 1st & 2nd respondents to refund the sum of Rs.96,000/- liable to be refunded to the petitioner pursuant to Ext.P1 order. ii) issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to refund the sum of Rs.1,00,010/- liable to be refunded to the petitioner pursuant to Ext.P6 order. iii) issue a writ of mandamus or any other appropriate writ or order directing the 4th respondent to refund the sum of Rs.62,500/-, with interest, liable to be refunded to the petitioner pursuant to Ext.P8 order read with Ext.P9 judgment. On 27-6-2008 this court passed the following order:- “In case no counter is filed within a period of one month from today, it will be taken that the respondents have no objection in allowing the writ petition.” Still there is no counter affidavit. Therefore, in terms of the order dated 27-6-2008 the writ petition is allowed. The refund as per the prayers shall be made within a period of three months from the date of production of a copy of this judgment. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.30124 of 2007 ----------------------------------- JUDGMENT 29th August, 2008