IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929 WP(C).No. 9920 of 2004(E) ------------------------- PETITIONER: ------------ M/S. NOVATIS INDIA LTD., 44/30554, KARUKKAPPALLY JN., DESHABHIMANI ROAD, KALOOR, KOCHI-17, REPRESENTED BY ITS ACCOUNTS OFFICER, MR. SASIDHARAN. BY ADV. SMT.K.LATHA RESPONDENTS: ------------- 1. OFFICER IN CHARGE/MANAGER, COMMUNITY PHARMACY SERVICES, DEPARATMENT OF HOSPITAL AND CLINICAL SERVICES, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM-11. 2. THE SUPERINTENDENT, MEDICAL COLELGE HOSPITAL, THIRUVANANTHAPURAM-11. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM, COCHIN-30. 5. ASSISTANT COMMISSIONER (ASSMT.)-IV, SPL.-III, ERNAKULAM. 6. THE CHAIRMAN, HOSPITAL DEVELOPMENT SOCIETY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. R2 TO 5 BY G.P. SRI.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2007, THE COURT ON 19/11/2007 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF KGST ASSESSMENT ORDER FOR THE YEAR 2001-2002 DT.30.10.2003 ISSUED BY R5. P2: TRUE COPIES OF SOME SAMPLE SUPPLY ORDERS ISSUED BY R1. P3: TRUE COPY OF SOME SAMPLE COPIES OF CERTIFICATE AS PER ANNEXURE 1 TO SRO 1091/99 ISSUED BY R2 TO PETITIONER. P4: TRUE COPY OF R.R. NOTICE DT.17.2.04. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.9920 of 2004 .................................................................... Dated this the 19th day of November, 2007. JUDGMENT Since petitioner's claim is allowed by the Tribunal and the matter is now pending in revision before this court at the instance of the Government, this W.P. is closed leaving freedom to the petitioner to substantiate the Tribunal's finding in revision. C.N.RAMACHANDRAN NAIR Judge pms