IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 12580 of 2010(V) -------------------------------------- PETITIONER: ------------------- M/S.SOUTHERN WEIGHING INSTRUMENTS (P) LIMITED, (INCORPORATED UNDER COMPANIES ACT 1956) NO.10-10333 OF 1996, MICRO CATEGORY SMALL SCALE INDUSTRY, REP. BY ITS MANAGING DIRECTOR V.VISWANADHAN, AGED 56 YEARS, S/O.LATE VELAYUDHAN ACHARI, "ASHIANA", VASUNDHARA NAGAR (S), G.E.ROAD, BHILAI – 3, CHHATTISGARH. BY ADVS. SRI.MANJERI S. SUNDER RAJ, SRI.MANJERI SUBIN SUNDER RAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FINANCE MINISTRY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, TAXES (C) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 3. THE COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, PUBLIC OFFICES BUILDING, TRIVANDRUM. 4. KITCO LTD., (ESTD BY IDBI & GOVERNMENT OF KERALA) REGISTERED OFFICE, BUILDING, RAVIPURAM, M.G.ROAD, COCHIN - 682 016. R1 TO R3 BY GOVT. PLEADER SRI. K.P. PRADEEP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12580/2010-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION DTD. 05/01/1996 OF THE PETITIONER COMPANY BY ROC, GWALIOR (M.P). EXT.P.2: COPY OF THE ACKNOWLEDGEMENT DTD. 26/02/2007 IN THE PETITIONER CATEGORY I (MFG) MICRO-SMALL-ENTREPRENEUR MEMO NO. 220101200099. EXT.P.3: COPY OF THE KERALA GOVERNMENT ORDER DTD. 05/12/2006 AUTHORISING KITCO. EXT.P.4: COPY OF THE LETTER OF AWARD OF WORK DTD. 24/09/2007 BY KITCO LTD. TO THE PETITIONER COMPANY. EXT.P.5: COPY OF THE LETTER OF ARRANGEMENT IN FAVOUR OF THE PETITIONER COMPANY BY SBI, BHILAI (CG). EXT.P.6: COPY OF THE KITCO REPORT DTD 28/11/2009 TO THE COMMISSIONER OF COMMERCIAL TAXES DEPARTMENT, TRIVANDRUM. EXT.P.7: COPY OF THE JUDGMENT DTD. 22/12/2009 BY HONOURABLE HIGH COURT OF KERALA IN FAVOUR OF THE PETITIONER IN W.P.36235/2009. EXT.P.8: COPY OF THE PETITIONER'S COUNSEL'S LETTER DTD. 13/01/2010 TO THE RESPONDENT ANNEXING COPIES OF EXT.P.10 AND P.11 OF W.P. 36235/2009. EXT.P.9: COPY OF THE REPLY FROM ADDITIONAL CHIEF SECRETARY (FINANCE), GOVERNMENT OF KERALA TO PETITIONER'S COUNSEL ADV. MANJERI S. SUNDER RAJ. EXT.P.10: COPY OF THE GOVERNMENT ORDER DTD. 01/03/2010 OF TAXES (C) DEPARTMENT. EXT.P.11: COPY OF THE PROCEEDINGS OF COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM WITH ORDER DTD. 10/03/2010. EXT.P.12: COPY OF THE LETTER BY COMMISSIONER, COMMERCIAL TAXES DEPARTMENT TO THE SENIOR MANAGER, FEDERAL BANK LTD., KOTTARAKARA. EXT.P.13: COPY OF THE PETITIONER'S CLAIM PETITION SUBMITTED TO THE RESPONDENTS FOR COMPENSATION AND SETTLEMENT OF ALL ISSUES CONCERNED BY HONOURABLE HIGH COURT'S JUDGMENT. EXT.P.14: COPY OF THE STATEMENT SHOWING THE LOSS INCURRED BY THE PETITIONER IN THIS CONNECTION. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.12580 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2010 J U D G M E N T The petitioner is an SSI unit which took up the work of installation and operation of weigh bridges at Check Posts of the Commercial Taxes Department of the Government of Kerala. According to the petitioner, amounts are due from the respondents to the petitioner in respect of the work already done. In respect of the same certain disputes have arisen between the petitioner and the respondents. Petitioner has filed Ext.P13 representation in that regard. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P13 as expeditiously as possible. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P13 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/