IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 16179 of 2007(A) ---------------------------------------- PETITIONER: -------------------- LAL STEELS(P)LTD., VIII/627, NIDA, KANJIKODE POST, PALAKKAD-678623 REPRESENTED BY ITS DIRECTOR SHRI. BHARAT S TANTIA, RESIDING AT A/6, CHERAN NAGAR, METTUPALAYAM ROAD, COIMBATORE. BY ADV. SRI.T.M.SREEDHARAN SRI.V.P.NARAYANAN RESPONDENTS: ------------------------- 1. THE ASSISTANT COMMISSIONER(ASSESSMENT), SPECIAL CIRCLE, COMMERCIAL TAXES, PALAKKAD. 2. THE DEPUTY COMMISSIONER(APPEALS), ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD. BY GOVERNMENT PLEADER SRI. M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16179/2007 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ASSESSMENT ORDER DTD. 28/02/2006 FOR THE ASSESSMENT YEAR 1999-2000 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF MEMORANDUM OF APPEAL DTD. 20/05/2006 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 1999-2000. EXT.P2(A): COPY OF STAY PETITION FILED BY THE PETITIONER ALONG WITH EXT.P2 BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF STAY ORDER IN STA NO.703/07 DTD. 19/04/2007 PASSED BY THE 2ND RESPONDENT. EXT.P4: COPY OF JUDGMENT IN WP(C) NO.6322/2007 DTD. 13/04/2007 PASSED BY THIS HON'BLE COURT. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.37955/2007 ----------------------------------------------------------------- Dated this the 5th day of January, 2008 JUDGMENT Ext.P2 is a permit that has been issued to the petitioner subject to certain conditions. The petitioner submits that when conducting blasting operations on the strength of Ext.P2, by issuing Ext.P4 he was ordered to stop further blasting. He had challenged Ext.P4 in a writ petition before this court in which Ext.P5 interim order was passed and the same was modified by Ext.R2(a). It is complained by the petitioner that again a stop memo has been issued by Ext.P6 and that is under challenge in this writ petition. 2. It would appear from the pleadings of the second respondent as also the instruction of the Government Pleader that, the main cause for issuing stop memo was the alleged violation of the conditions of Ext.P2 and in 2 particular condition No.4 there of. Needless to say that, since conditions are imposed in Ext.P2 these conditions shall be followed by the petitioner. Therefore, the respondents need permit the petitioner to continue the blasting only subject to compliance with the conditions in Ext.P2. Subject to compliance as above, I direct that the petitioner will be permitted to continue blasting. I make it clear that in case the petitioner has any difficulty to comply with any of the condition imposed, it is for him to move the appropriate authority and that authority shall consider the matter and take appropriate decision. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3