IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 OP.No. 7060 of 2001(M) ---------------------- PETITIONER: ------------ ANEEZ KAREEM, SON OF ABDUL KAREEM, AGED 25 YEARS, MADATHIPADICKAL, CHERANELLORE, EDAPPALLY, ERNAKULAM 24 BY ADV. SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICE, KAKKANAD, ERNAKULAM. BY GOVERNMENT PLEADERSRI. TEKCHAND THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 11560 OF 2001 IN OP 7060 OF 2001 DISMISSED 29.5.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DELIVERY NOTE DATED NIL ISSUED TO THE PETITIONER BY M/S. POPULAR MEGA MOTORS INDIA LTD. UNDER RULE 47(a) AND (b) EXT.P2 TRUE COPY OF INTERIM ORDER PASSED BY THIS HON'BLE COURT IN CMP NO. 4687 OF 2001 IN OP 2807 OF 2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 7060 OF 2001 -------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT Since the issue raised is covered in favour of the petitioner vide decision reported in THRESSIAMMA L. CHIRAYIL V. STATE OF KERALA, (2007) 1 K.L.T. 303, this O.P. is allowed quashing the impugned proceedings demanding entry tax. Government Pleader submitted that State has filed appeal before the Supreme Court against the said judgment. Since State has filed appeal there will be direction to respondents to continue the proceedings and recover the amount, if the judgment of the Supreme Court in the appeal is in favour of the State. (C.N. RAMACHANDRAN NAIR) Judge kk 2