IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 W. A. No. 3013 of 2007 ------------------------------------- AGAINST THE ORDER IN WPC.36645/2007 Dated 18/12/2007 .................... APPELLANT/RESPONDENTS 1 TO 6 IN WPC: ------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, TAXES (H) DEPARTMENT, GOVT. OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. COMMISSIONER OF COMMERCIAL TAXES, COMMERCIAL TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR, KERALA STATE LOTTERIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, PALAKKAD. 6. THE ASSISTANT COMMISSIONER (ASSESSMENT), COMMERCIAL TAXES, SPECIAL CIRCLE, PALAKKAD. BY SPL. GOVERNMENT PLEADER SRI. VINOD CHANDRAN. W.A.NO.3013/07 - 2 - RESPONDENTS/PETITIONER & RESPONDENT NO.7: -------------------------------------------------------------------------- 1. A.JOHN KENNEDY, PROPRIETOR, MEGHA DISTRIBUTOR, OFFICE AT 15/650, KUNNATHUR MEDU, COIMBATORE MAIN ROAD, PALAKKAD. 2. ROYAL GOVERNMENT OF BHUTAN, MINISTRY OF FINANCE, DIRECTORATE OF LOTTERIES, PHUENTSHOLING, BHUTAN, REPRESENTED BY ITS DEPUTY SECRETARY. BY ADVS. M/S. NALINI CHITHAMBARAM, ARIKKAT VIJAYAN MENON & A. KUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & K. M. JOSEPH, J. -------------------------------------------------- W. A. NO. 3013 OF 2007 --------------------------------------------------- Dated this the 1st January, 2008 JUDGMENT H.L. DATTU, C.J.: State of Kerala is the appellant in this appeal. It calls in question the correctness or otherwise of the interim order passed by the learned Single Judge in W.P.(C). No.36645/07 K dated 18.12.2007. By the impugned order, the learned Single Judge has directed the sixth respondent in the Writ Petition to accept the tax from the petitioner for the period 1.1.08 to 31.1.08 provisionally and subject to the result of the Writ Petition. 2. Both sides have advanced their respective arguments on the merits and demerits of the Writ Appeal. After hearing both the learned counsels, we suggested to both the counsels to argue the Writ Petition itself before the learned Single Judge, instead of arguing the Writ Appeal. 3. Both the counsels appearing for the parties to the lis are agreeable to the suggestion made by us. Therefore, without going into the merits or demerits of the Writ Appeal, the same is disposed of as under: Order (i) The appellants before us shall file their Counter Affidavit, if any, to the Writ Petition within a day's time. (ii) Both the parties have agreed to argue the matter before the learned Single Judge on 4.1.2008. (iii) The Registry is directed to post the Writ Petition before the learned Single Judge for hearing on 4.1.2008. We request the learned Single Judge to give out of turn hearing, since the issues involved in the writ petition has some public importance. WA NO.3013/07 2 (iv) The first respondent in the Writ Appeal undertakes that he will not distribute the lottery tickets of the State of Bhutan till the matter is finally decided by the learned Single Judge. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE kbk.