IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 5110 of 2010(K) ------------------------- PETITIONER: -------------- KERALA CURRY HOUSE, CANAL ROAD, ERANJIPALAM, CALICUT-6, REPRESENTED BY ITS MANAGING PARTNER BINU GEORGE, S/O. T.K. GEORGE. BY ADV. SRI.R.RAMADAS RESPONDENT: --------------- THE SALES TAX OFFICER, COMMERCIAL TAXES, II CIRCLE, KOZHIKODE. BY GOVT. PLEADER, SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.5110 of 2010 ------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT The petitioner is challenging Ext.P12 order passed by the respondent stating that it is cent percent contrary to the mandate give by this Court as per Ext.P11 judgment passed by a Division Bench in W.A.No.2874 of 2009. 2. The learned Government Pleader appearing for the respondent submits that the factum of finalizing the proceedings by the Division Bench as revealed by Ext.P11 was not brought to the notice of the first respondent on time and it was accordingly that the matter happened to be finalized by passing Ext.P12 order. However, the learned Government Pleader submits that the matter can be caused to be reconsidered by the respondent, giving appropriate directions in this regard. 3. After hearing both the sides and considering the W.P.(C) No.5110 of 2010 - 2 - submission made as above, this Court finds that Ext.P12 cannot have any further existence and accordingly the same is set aside. The respondent is directed to reconsider the matter in accordance with law and taking note of the specific observation made by the Division Bench as per Ext.P11 judgment and of course after giving an opportunity of hearing to the petitioner which exercise shall be finalized as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of accordingly. P.R.Ramachandra Menon, Judge vns