IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 5559 of 2002(J) ------------------------------- PETITIONER: ------------------ THE PRINCIPAL, KENDRIYA VIDYALAYA, C.LEKSHMI NARAYANAN, S/O.N.CHANDRASEKHARAN, AGED 53, PRINCIPAL, KENDRIYA VIDYALAYA, C.R.P.F., PALLIPPURAM, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, SECRETARIAT,TRIVANDRUM. 2. ANDOORKONAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, ANDOORKONAM. 3. THE DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH, TRIVANDRUM. R2 BY ADV. SRI.RAM MOHAN.G. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 9759/2002 IN OP NO. 5559/2002 T. DISMISSED 07/03/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER DT. 6/1/95 SENT TO THE DIRECTOR OF PANCHAYAT BY THE PETITIONER. EXT.P2. COPY OF THE LETTER SUBMITTED BY THE PETITIONER ON 19/3/98. EXT.P3. COPY OF THE LETTER DT. 17/3/01 SENT BY THE R2. EXT.P4. COPY OF THE LETTER DT. 7/1/2002 BY THE PETITIONER. EXT.P5. COPY OF THE REPLY DT. 11/1/2002 BY THE R2. EXT.P6. COPY OF THE S.T NO. 1079/2001 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT. RESPONDENT'S EXHIBITS NIL. True copy tga KURIAN JOSEPH, J. --------------------------------------- O.P. No. 5559 OF 2002 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T Petitioner is the principal of Kendriya Vidyalaya. He is aggrieved by the criminal complaint filed by the 2nd respondent, Panchayat, in the matter of payment of professional tax. According to the petitioner, the institution is exempted. It is submitted that the request is pending before the Panchayat. If that be so, there is no point in pursuing the prosecution. Accordingly, Ext.P6 on the file of the Judicial First Class Magistrate, Attingal in ST.No.1079/2001 is quashed. There will be a direction to the 2nd respondent to consider the request made by the petitioner with notice to the petitioner and pass appropriate orders thereon in accordance with law, within a period of two months from the date of receipt of a copy of this judgment. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps KURIAN JOSEPH, J. O.P. No. 5559 OF 2002 J U D G M E N T 07.03.2008