IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 14973 of 2005(G) -------------------------- PETITIONER: ------------ ANILBABU, THEKKE MADATHIL, CHERTHALA SOUTH, ALAPPUZHA. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.JIBU P THOMAS SRI.A.G.GIRISH KUMAR RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR (RR), CHERTHALA. 2. TAHSILDAR, TALUK OFFICE, CHERTHALA. 3. VILLAGE OFFICER, CHERTHALA SOUTH VILLAGE, CHERTHALA. 4. STATE OF KERALA, REP. BY THE COMMISSIONER & SECRETARY, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVADNRUM. BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON 23/07/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE ISSUED BY THE CIRCLE INSPECTOR OF EXCISE, CHITTUR DT.25.11.1997. P2: TRUE COPY OF NOTICE ISSUED BY R2 DT.1.7.2000. P3: TRUE COPY OF NOTICE ISSUED BY R2 DT.NIL. P4: .DO. DT.14.6.2002. P5: .DO. SALE NOTICE .DO. DT.21.11.2002. P6: TRUE COPY OF ORDER ISSUED BY THE GOVT. DT.28.3.2003. P7: TRUE COPY OF LETTER ISSUED BY R2 TO R3 DT.2.8.2004. P8: TRUE COPY OF DEMAND NOTICE ISSUED BY R1 DT.7.3.2005. P9: .DO. .DO. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.14973 of 2005 .................................................................... Dated this the 23rd day of July, 2008. JUDGMENT The question raised i.e. petitioner's liability for interest on transport fee of toddy is decided in favour of the petitioner vide judgment in W.A. No.1027/2005. According to the petitioner, transport fee is paid and contest is only with regard to interest. In view of the judgment in the Writ Appeal, interest if any due from the petitioner cannot be recovered. However, since Government Pleader submitted that SLP No.4212/2007 is filed against Writ Appeal judgment, this W.P. is allowed subject to the condition that respondents will be entitled to recover interest, if the claim is upheld by the Supreme Court in the appeal pending before it. There will also be direction to the respondents not to issue any fresh notice for interest or if any notice for interest is already issued, to withdraw the same and proceed for recovery only if the Supreme Court upholds the levy. If any amount other than interest is payable by the petitioner, the same can be recovered after issuing notice containing details thereof. C.N.RAMACHANDRAN NAIR Judge pms