IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 8488 of 2009(E) -------------------------------------- PETITIONER(S): ----------------------- WIRELESS TT INFO SERVICES LTD., SL PLAZA PALARIVATTOM.P.O., KOCHI-682025. REP. BY ITS MANAGER-INFRASTRUCTURE (KERALA CIRCLE), MR.SUDEVAN.V.D. BY ADVS. MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR MR.K.JOHN MATHAI MR.P.BENNY THOMAS MR.ANIL D. NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (RD)DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM-1. 2. PARLI GRAMA PANCHAYATH, REP. BY ITS SECRETARY,P.O.PARLI-678612,PALAKKAD DIST. 3. PAYAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY,P.O.IRITTY-670703,KANNUR DIST. 4. SANTHANPARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, SANTHANPARA.P.O.,IDUKKI-683619. 5. TAVANUR GRAMA PANCHAYAT, REP.BY ITS SECRETARY, P.O.AYANKALAM-685584, MALAPPURAM DISTRICT. 6. KAVALAM GRAMA PANCHYATH, REP. BY ITS SECRETARY, P.O.KAVALAM-688506,ALAPPUZHA DIST. 7. VANIYAMKULAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY P.O.VANIAMKULAM-679522, PALAKKAD DIST. R1 BY GOVT. PLEADER MR.V.MANU R2 BY ADVS.MR.N.RAGHURAJ, SMT.K.AMMINIKUTTY. R3 BY MR.CIBI THOMAS R4 BY MR.C.S.AJITH PRAKASH, MR.PAUL C THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.8488/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE OF INCORPORATION DTD. 31.3.05 ISSUED BY THE REGISTRAR OF COMPANIES, ANDHRA PRADESH. P2:- COPY OF THE REGISTRATION CERTIFICATE BY THE MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELECOMMUNICATIONS DTD. 30.8.07. P3:- COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA DTD. 6.6.07. P4:- COPY OF THE CHAPTER XIX OF THE KERALA MUNICIPAL BUILDING RULES, 1999, DTD. NIL. P5:- COPY OF THE LETTER DTD. 16.2.09 OF THE 2ND RESPONDENT PANCHAYAT TO THE PETITIONER. P6:- COPY OF THE LETTER OF THE 3RD RESPONDENT PANCHAYAT TO THE PETITIONER DTD. 31.1.09. P7:- COPY OF THE LETTER OF THE 4TH RESPONDENT PANCHAYAT TO THE PETITIONER DTD. 19.2.09. P8:- COPY OF THE LETTER OF THE 5TH RESPONDENT PANCHAYAT TO THE PETITIONER DTD. 12.2.09. P9:- COPY OF THE LETTER OF THE 6HT RESPONDENT PANCHAYAT TO THE PETITIONER DTD. 19.2.09. P10:- COPY OF THE LETTER OF THE 7TH RESPONDENT PANCHAYAT TO THE PETITIONER DTD. 4.3.09. P11:- COPY OF THE GOVERNMENT ORDER G.O.(MS) 13/2009/LSGD DTD. 2.1.09. P12:- COPY OF THE KERALA PANCHAYAT RAJ (BUILDING TAX AND SURCHARGE THEREON) RULES, 1996 DTD. NIL. P13:- COPY OF THE KERALA PANCHAYAT RAJ (TAXATION, LEVY AND APPEAL) RULES, 1996 DTD. NIL. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 8488 OF 2009 -------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The impugned Ext.P11 Government order has been frozen by the Government and it is stated by the learned Government Pleader that certain legislative measures are being resorted to. Recording this submission, the Writ Petition is allowed declaring that Ext.P11 will not be put against the petitioner and payment, if any, made by the petitioner on the basis of Ext.P11 order or interim orders, would be refunded on production of a copy of this judgment. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps