IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 17232 of 2005(B) -------------------------- PETITIONER: ------------ THE SILCAL METALLURGIC LTD., A PUBLIC LTD. COMPANY, INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT 473, J.RAMANUJA NAGAR, UPPALIPALAYAM, COIMBATORE, REP. BY ITS MANAGING DIRECTOR, C.R.NARAYANANSWAMY. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) SRI.MANU MOHAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. 5. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 6. M.P.S. STEEL CASTINGS)P) LTD., SPONGE IRON & POWER DIVISION, 476, WISE PARK, KANJIKODE, PALAKKAD, REP. BY ITS MANAGING DIRECTOR, M.PARAMASIVAM. R1 TO R4 BY G.P. SMT.SMITHA SUKUMARAN ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R5 SRI.M.RAMESH CHANDER FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF PETITION U/S.53 UNDER RR ACT BEFORE R3 DT.15.5.2005. P2: PHOTOCOPY OF NOTIFICATION DT.4.5.92. P3: PHOTOCOPY OF ORDER ISSUED BY DY. COMMISSIONER(GENERAL), DEPT. OF COMMERCIAL TAX, TRIVANDRUM. P4: PHOTOCOPY OF JUDGMENT IN WPC NO.15125/2005 DT.20.5.2005 OF THIS HON'BLE COURT. P5: PHOTOCOPY OF JUDGMENT IN O.P. NO.18137/2001 DT.9.2.2005 OF THIS HON'BLE COURT. P6: PHOTOCOPY OF REPRESENTATION FILED BY PETITIONER DT.8.4.2005 BEFORE R2. P7: PHOTOCOPY OF JUDGMENT DT.20.5.2005 IN WPC NO.14307/2005 OF THIS HON'BLE COURT. P8A: PHOTOCOPY OF ORDER DT.17.3.2005 IN IA 158/2005 IN O.A. 38/2003 OF THE DRT, COIMBATORE. P8: PHOTOCOPY OF ORDER DT.17.3.2005 IN IA 174/2005 IN OA 173/2001 OF THE DRT, NEW DELHI. P9: PHOTOCOPY OF AFFIDAVIT AND PETITION FILED BEFORE R4 BY THE PETIITONER DT.28.5.2005 (WITHOUT ANNEXURES). P10: PHOTOCOPY OF APPLICATION FILED BEFORE THE TAHSILDAR BY THE PETITIONER DT.21.5.2005. P11: PHOTOCOPY OF REPLY SENT BY THE OFFICE OF TAHSILDAR TO THE PETITIONER DT.28.5.2005. P12A: PHOTOCOPY OF JUDGMENT DT.8.4.2005 IN WPC 12155/2005 OF THIS HON'BLE COURT. P12B: PHOTOCOPY OF JUDGMENT IN R.P. NO.336/2005 DT.20.5.2005 OF THIS HON'BLE COURT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.17232 of 2005 .................................................................... Dated this the 18th day of July, 2008. JUDGMENT Counsel for the petitioner contended that revenue recovery notices issued are not pressed against the petitioner because of the orders modifying demands of sales tax and electricity bills. The W.P. is accordingly closed leaving freedom to the petitioner to challenge fresh demand and recovery, if any made later. C.N.RAMACHANDRAN NAIR Judge pms