IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WA.No. 1064 of 2006(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8536/2006 Dated 05/04/2006 .................... APPELLANT(S): PETITIONER IN W.P: ------------------------------------------------------- M/S. JOTHIS CONES PRIVATE LTD., CHUNANGAVELI, ALUVA, REPRESENTED BY THE MANAGING DIRECTOR, JOY P.THARAYIL. BY ADV. MR.C.K.THANU PILLAI RESPONDENT(S): RESPONDENTS IN W.P: --------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM. 3. TE COMMERCIAL TAX OFFICER, ALUVA. R1 TO R3 BY GOVERNMENT PLEADER MR.MOHAMMED RAFIQ THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.727/2006 IN W.A.NO.1064/2006 DISMISSED 28/01/2009 SD/- J.B.KOSHY, AG.CHIEF JUSTICE SD/- V.GIRI, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.A. No.1064 of 2006 ---------------------------------------- Dated this the 28th day of January, 2009 Judgment Koshy, Ag.C.J. Appellant/Petitioner filed the writ petition for cancelling Ext.P8 notification SRO No.320/2005 and also Exts.P6 and P7 notices of provisional monthly assessments. Contention of the petitioner is that provisional notices of monthly assessment and demand were made consequent on the above Ext.P8 notification. That is amended by SRO No.349/2007. If that be so, petitioner may approach the assessing authority for finalising the assessment and he can also make necessary representation before the assessing authority so that a final assessment order can be passed. In view of the interim stay granted, further demand can be pressed only after passing final orders untrammelled by the observations in this judgment. J.B.Koshy Acting Chief Justice V. Giri Judge vaa