IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 902 of 2009(G) ------------------------------------------ PETITIONER(S): ---------------------- KOTAK MAHINDRA BANK LTD., M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER, PRIYARAJ PUSHPAKARAN, BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENT(S): ------------------------- 1. THE ASST. COMMISSIONER, KVAT, SPECIAL CIRCLE I, COMMERCIAL TAXES, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY ITS FINANCE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 902 OF 2009 G -------------------------------------- Dated this the 3rd February, 2009 JUDGMENT The prayers in the Writ Petition are as follows: “i) Issue a writ of mandamus to the 1st respondent to inspect the Bank and verify the method of raising the invoice. ii) Issue a writ of certiorari to quash Exts.P1 & P2 orders.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader. As far as the second prayer is concerned, Smt. S.K. Devi, learned counsel for the petitioner points out that Exts.P1 and P2 are pending in Appeal. As far as the further request to inspect the Bank and verify the method of raising Invoice, Ext.P3 request is pending before the first respondent. I feel that a decision can be ordered to be taken thereon in accordance with law. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and take a decision on Ext.P3 in accordance with law within ten days WPC.902/09 G 2 from the date of receipt of a copy of this Judgment. I make it clear that I have not expressed any view regarding the maintainability or the merits of the said petition. Till such time as a decision is taken on Ext.P3, next month's assessment will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge