IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 18909 of 2008(A) -------------------------- PETITIONER: --------------- BHARAT SANCHAR NIGAM LTD. REPRESENTED BY ITS DIVISIONAL ENGINEER (BSS IMPC ERNAKULAM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, REPRESENTED BY THE SECRETARY, ERNAKULAM. 2. ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF COCHIN ERNAKULAM. 3. SECRETARY, MINISTRY OF LOCAL ADMINISTRATION, SECRETARIAT, TRIVANDRUM. ADV. SRI.PRAVEEN K.JOY,SC,COCHIN CORPORATION FOR R1 SRI.PRAVEEN K. JOY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------- W.P.(C). No.18909 of 2008 A --------------------------------------- Dated this 5th day of November, 2009 JUDGMENT The Bharath Sanchar Nigam Limited challenges the directions of the Corporation of Cochin to pay Rs.2,00,000/- as infrastructure fee and Rs.10,000/- as permit fee. In so far as the demand for Rs.2,00,000/- as infrastructure fee is concerned, the learned counsel for the corporation states that it was demand of tax, which no more survives in view of the fact that the said prescription by a government order, has been frozen. Accordingly, that demand is quashed. Any amount paid by the respondent in that regard shall be refunded forthwith. However, in so far as the amount of Rs.10,000/- towards permit fee is concerned, the petitioner is left with liberty to file an appeal before the competent authority having regard to the stand that no such fee can be levied at all. It is ordered that the pendency of this writ petition will be treated as a ground to condone the delay in filing such an appeal. THOTTATHIL B. RADHAKRISHNAN, JUDGE Sbna/