IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WA.No. 459 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4075/2008 Dated 06/02/2008 .................... APPELLANT: PETITIONER: ---------------------- T.P. JOSEPH, GOVERNMENT CONTRACTOR, THOTTATHIL HOUSE, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.DALE P.KURIEN RESPONDENTS: RESPONDENTS: ------------------------- 1. COMMERCIAL TAX OFFICER, OFFICE OF THE DEPUTY COMMISSIONER OF SALES TAX (WC & LT), THEVARA, ERNAKULAM. 2. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, ERNAKULAM. 3. EXECUTIVE ENGINEER, PWD ROAD DIVISION, ERNAKULAM. 4. SUPERINTENDING ENGINEER, PWD (ROADS & BRIDGES), CENTRAL CIRCLE, ALUVA. 5. THE CHIEF ENGINEER, ROADS & BRIDGES, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAX (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.TENCHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ W.A.No. 459 of 2008 ------------------------------------------------ Dated this the 28th day of February, 2008 JUDGMENT Koshy, J: Learned Single Judge admitted W.P.(C) No.4075/2008, but did not grant any interim order allowing the request of the petitioner to give tax clearance certificate before the disputed tax is paid. We are of the opinion that the petitioner cannot insist for tax clearance certificate before the matter is decided by the assessing authority. Hence, we are not interfering with the interim order passed by the learned Single Judge. The appellant may approach the learned Single Judge for early disposal of the matter. The writ appeal is dismissed, accordingly. J.B. KOSHY, JUDGE. K. HEMA, JUDGE. Krs.