IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 7919 of 2009(H) ------------------------------------- PETITIONER(S): ---------------------- M/S. ESSAR TELECOM INFRASTRUCTURE (P) LTD., 36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE, SHENOY ROAD, COCHIN - 682 017, REPRESENTED BY ASSISTANT MANAGER (LEGAL AND ACQUISITION) MR. BABU PATTATHANAM. BY ADV. MR.SANTHOSH MATHEW RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT SECRTARIAT, THIRUVANANTHAPURAM. 2. TELECOM REGULATORY AUTHORITY OF INDIA, MINISTRY OF COMMUNICATIONS AND IT DEPARTMENT OF TELECOMMUNICATIONS, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI - 110 001. 3. AMARAMBALAM GRAMA PANCHAYATH (SPL. GRADE), POOKKOTTUPADOM.P.O, MALAPPURAM, PIN - 679 332, REPRESENTED BY ITS SECRETARY. 4. DEPARTMENT OF TELECOMMUNICATION, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI, REPRESENTED BY ITS SECRETARY. 5. MUNDERI GRAMA PANCHAYATH, KUDUKKI MOTTA.P.O, ECHOOR, KANNUR, REPRESENTEDBY ITS SECRETARY. 6. PALAKUZHA GRAMA PANCHAYATH, PALAKUZHA, KOOTHAKULAM, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 7. PAMPAKUDA GRAMA PANCHAYATH, PAMPAKUDA. P.O, (VIA) MUVATTUPUZHA, ERNAKLAM - 686 667, REPRESENTED BY ITS SECRETARY. 8. AMBALLUR GRAMA PANCHAYATH, KANJIRAMATTOM.P.O, ERNAKULAM - 682 315, REPRESENTED BY ITS SECRETARY. WP(C).No. 7919 of 2009(H) 9. MUVATTUPUZHA MUNICIPALITY, MUVATTUPUZHA, ERNAKULAM - 686 681 REPRESENTED BY ITS SECRETARY. 10. ANNAMANADA GRAMA PANCHAYATH, ANNAMANADA, THRISSUR, REPRESENTED BY ITS SECRETARY. 11. MULLESSERI GRAMA PANCHAYATH, MULLESSERI.P.O, THRISSUR - 680 509, REPRESENTED BY ITS SECRETARY. 12. VAKATHANAM GRAMA PANCHAYATH, VAKATHANAM.P.O, KOTTAYAM - 686 538, REPRESENTED BY ITS SECRETARY. 13. THUMPAMON GRAMA PANCHAYATH, THUMPAMON.P.O, PATHANAMTHITTA - 689 502, REPRESENTED BY ITS SECRETARY. 14. SREEKANDAPURAM GRAMA PANCHAYATH, POOKOTTUPADAM.P.O, MALAPPURAM - 679 332. REPRESENTED BY ITS SECRETARY. 15. WANDOOR GRAMA PANCHAYATH, WANDOOR.P.O, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 16. ERATTAYAR GRAMA PANCHAYATH, ERATTAYAR.P.O, KATTAPPANA, IDUKKI - 685 514, REPRESENTED BY ITS SECRETARY. 17. KOLAYAD GRAMA PANCHAYATH, KOLAYAD.P.O, KANNUR - 670 650, REPRESENTED BY ITS SECRETARY. 18. CHERUPUZHA GRAMA PANCHAYATH, CHERUPUZHA, KANNUR, REPRESENTED BY ITS SECRETARY. 19. SREEKANDAPURAM GRAMA PANCHAYATH, SREEKANDAPURAM, KANNUR, REPRESENTED BY ITS SECRETARY. 20. RAMANTHALY GRAMA PANCHAYATH, RAMANTHALY, KANNUR, REPRESENTED BY ITS SECRETARY. 21. ALATHUR GRAMA PANCHAYATH, ALATHUR.P.O, PALAKKAD - 678 541, REPRESENTED BY ITS SECRETARY. 22. ARALAM GRAMA PANCHAYATH, ETTUR, PAYAM.P.O, KANNUR, REPRESENTED BY ITS SECRETARY. 23. THAVINHAL GRAMA PANCHAYATH, THALAPUZHA.P.O, WAYANAD - 670 644, REPRESENTED BY ITS SECRETARY. WP(C).No. 7919 of 2009(H) 24. MATHUR GRAMA PANCHAYATH, MADHUR, KASARAGODE - 678 571, REPRESENTED BY ITS SECRETARY. 25. PALLIPPAD GRAMA PANCHAYATH, PALLIPPAD.P.O, ALAPPUZHA - 690 512, REPRESENTED BY ITS SECRETARY. 26. CHELEMBRA GRAMA PANCHAYATH, CHELEMBRA.P.O, MALAPPURAM - 673 634, REPRESENTED BY ITS SECRETARY. 27. THACHAMPARA GRAMA PANCHAYATH, THACHAMPARA.P.O, PALAKKAD - 678 593, REPRESENTED BY ITS SECRETARY. 28. VORKARADY GRAMA PANCHAYATH, VORKARADY, KASARAGOD REPRESENTED BY ITS SECRETARY. 29. KUTIYATUR GRAMA PANCHAYATH, KUTIYATUR, KANNUR, REPRESENTED BY ITS SECRETARY. 30. MAMBAD GRAMA PANCHAYATH, MAMBAD, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 31. MANGATIDAM GRAMA PANCHAYATH, MANGATIDAM, KANNUR, REPRESENTED BY ITS SECRETARY. 32. NADUVIL GRAMA PANCHAYATH, NADUVIL, KANNUR, REPRESENTED BY ITS SECRETARY. 33. PERUVANTHANAM GRAMA PANCHAYATH, PERUVANTHANAM, IDUKKI, REPRESENTED BY ITS SECRETARY. 34. THRISSUR CORPORATION, THRISUR, REPRESENTED BY ITS SECRETARY. 35. KOLLAM CORPORATION, KOLLAM, REPRESENTED BY ITS SECRETARY. 36. MALAYINKEEZH GRAMA PANCHAYATH, MALAYINKEEZH.P.O, THIRUVANANTHAPURAM - 695 571, REPRESENTED BY ITS SECRETARY. 37. THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 38. THIRUVALLA MUNICIPALITY, THIRUVALLA, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY. WP(C).No. 7919 of 2009(H) 39. MAVELIKKARA MUNICIPALITY, MAVELIKKARA, ALLEPPEY, REPRESENTED BY ITS SECRETARY. 40. MALLAPPALLY GRAMA PANCHAYATH, MALLAPPALLY WEST.P.O, PATHANAMTHITTA-689 585, REPRESENTED BY ITS SECRETARY. 41. KULASEKHARAPURAM GRAMA PANCHAYATH, ADINADU NORTH.P.O, KOLLAM - 690 542, REPRESENTED BY ITS SECRETARY. 42. VAIKOM MUNICIPALITY, VAIKOM, REPRESENTED BY ITS SECRETARY. 43. KUNNATHUNAD GRAMA PANCHAYATH, KUNNATHUNAD.P.O, ERNAKULAM - 683 565, REPRESENTED BY ITS SECRETARY. 44. EDAKKATTUVAYAL GRAMA PANCHAYATH, EDAKKATTUVAYAL.P.O, ARAKKUNNAM VIA, ERNAKULAM - 682 313, REPRESENTED BY ITS SECRETARY. 45. ANCHAL GRAMA PANCHAYATH, ANCHAL.P.O, KOLLAM - 691 306, REPRESENTED BY ITS SECRETARY. 46. SOORANADU NORTH GRAMA PANCHAYATH, SOORANADU NORTH.P.O, KOLLAM - 690 561, REPRESENTED BY ITS SECRETARY. 47. UZHAVOOR GRAMA PANCHAYATH, UZHAVOOR P.O., KOTTAYAM - 686 634, REPRESENTED BY ITS SECRETARY. 48. MULAKKUZHA GRAMA PANCHAYATH, MULAKKUZHA.P.O, ALAPPUZHA - 689 505, REPRESENTED BY ITS SECRETARY. R1 BY GOVERNMENT PLEADER MR.V. MANU. R2 & R4 ADV. MR.MATHEW K.PHILIP, C.G.C R3 BY ADV. MR.V.RAJENDRAN. R37 BY MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE R38 BY ADV. MR.S.SUBHASH CHAND R44 BY DR.K.P.SATHEESAN, ADV. MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM), MR.MATHEW SUNNY. R35 BY ADV. MR.M.K.CHANDRA MOHAN DAS,SC,KOLLAM CRPN. R33 BY ADV. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.T.S.SHYAM PRASANTH. R8 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, ADV. MR.P.GOPAL. R34 BY ADV. MR.K.B.MOHANDAS,SC,THRISSUR CORPORATION, MR.LELLULAL T.G.THUNDATHIL. R29 BY ADV. MR.LAL GEORGE . WP(C).No. 7919 of 2009(H) R25 BY ADV. MR.M.R.SUDHEENDRAN. R23 BY ADV. MR.V.V.SURENDRAN. R17 BY ADV. MR.K.V.SOHAN . R43 BY MR.PAUL K.VARGHESE . R20 BY ADV. MR.M.SASINDRAN, MR.P.V.KUNHIKRISHNAN. R13 BY ADV. MR.SEBASTIAN PHILIP. R11 BY ADV. MR.K.B.MOHANDAS, MR.LELLULAL T.G.THUNDATHIL, MR.M.R.DHANIL. R47 BY ADV. MR.J.JULIAN XAVIER, MR.FIROZ K.ROBIN . R18 BY ADV. MR.M.SASINDRAN. R48 BY ADV. MR.V.MANOJ KUMAR, MR.IYPE JOSEPH. R10 BY ADV. MR.FRANCO T.J.. R5 BY ADV. MR.I.V.PRAMOD, MR.NISHIL.P.S.. R9 BY ADV. MR.V.M.KURIAN. R7 BY ADV. MR.K.S.ARUN KUMAR, SMT.M.N.MAYA . R40 BY ADV. MR.SIBY MATHEW , MR.PHILIP J.VETTICKATTU, MR.B.PREMNATH. R19 BY ADV. MR.P.NARAYANAN. R42 BY ADV. MR.K.REGHU KOTTAPPURAM. R32 BY ADV. MR.C.A.JOSEPH, MR.K.K.MOIDEEN. R31 BY ADV. MR.K.V.SOHAN. R22 BY ADV. MR.R.SURENDRAN. R16 BY ADV. MR.K.M.KURIAN. R21 BY ADV. MR.S.RAMESH BABU. R39 BY ADV. MR.K.HARILAL, MR.R.GOPAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7919 of 2009(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT EXTRACT OF THE MEMORANDUM OF ARTICLES OF ASSOCIATION OF THE ESSAR TELECOM INFRASTRUCTURE PVT. LTD. OF THE PETITIONER AS WELL AS THE CERTIFICATE OF INCORPORATION. EXT.P2: COPY OF THE REGISTRATION CERTIFICATE NO.99/06 DATED 17/01/2006 ISSUED BY THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY. EXT.P3: COPY OF THE GO(MS)NO.166/07/LSGD DATED 23/06/2007. EXT.P4: CO GO(MS)NO.62/2008/LSGD DATED 06/03/2008. EXT.P5: COPY OF THE G.O.(MS)NO.104/08/LSGD DATED 02/04/2008. EXT.P6: COPY OF THE G.O.(MS)NO.7/09/LSGD DATED 01/01/2009. EXT.P7: COPY OF THE G.O.(MS)NO.13/09/LSGD DATED 02/01/2009. EXT.P8: COPY OF THE MINUTES OF THE MEETING HELD ON 05/12/2008. EXT.P9: COPY OF THE DEMAND NOTICE ISSUED BY THE AMARAMBALAM GRAMA PANCHAYATH ON 08/01/2009. EXT.P10: COPY OF THE INTERIM ORDER IN WP(C) NO. 2644/2009 DATED 23/01/2009. EXT.P11: COPY OF THE LETTER NO.A3-214/09 DATED 10/02/2009 OF THE SECRETARY, VALLATHOOVAL GRMA PANCHAYATH. EXT.P12: COPY OF THE JUDGMENT DATED 11/02/2009 IN W.A. NOS.252 AND 309 OF 2009 ON THE FILES OF THIS HONOURABLE COURT. EXT.P13: COPY OF THE REPLY RECEIVED FROM THE MANANTHAVADY GRAMA PANCHAYATH DATED 24/02/2009. EXT.P14: COPY OF THE DEMAND DRAFT FOR A SUM OF Rs.25,000/- DATED 18/02/2009. EXT.P15: COPY OF THE UNDERTAKING SUBMITTED BY M.K.NARAYANAN, CIRCLE HEAD, M/S.ESSAR TELECOM INFRASTRUCTURE PVT. LIMITED ON 18/02/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.7919 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of September, 2009. JUDGMENT Exhibit-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, this writ petition stands 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. Sha/100909