IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 16835 of 2009(Y) ---------------------------------------- PETITIONER(S): ------------------------ THRISSUR TALUK KALLU VYAVASAYA THOZHILALI SAMITHI, P.O.MANALOOR, REP. BY ITS CONVENER, P.R.MOHANAN, S/O.RAMAKRISHNAN, AGED 54 YEARS. BY ADVS.MR.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF TAXES(EXCISE), THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF EXCISE, EXCISE RANGE OFFICE, THRISSUR. BY GOVT. PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.16835 OF 2009 ------------------------------------------- Dated this the 23rd day of June, 2009 JUDGMENT Heard learned counsel for the Petitioner and learned Government Pleader. The petitioner Samithi was one among those which were entrusted with the running of the toddy shops pursuant to Ext.P1 Government Order. Such Samithies were exempted from paying tree tax from time to time. Therefore, this Court laid down in Ext.P5 judgment that recovery of tree tax is impermissible. Under such circumstances, the impugned Ext.P6 is quashed. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.23/6.