IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 30994 of 2009(T) -------------------------- PETITIONER(S): --------------- M/S.SULOCHANA COTTON SPINNING MILL (P) LTD., NO.426, RAMARAJA ROAD, TIRUPUR, COIMBATORE DISTRICT, TAMIL NADU, REPRESENTED BY S.KRISHNAKUMAR, MANAGING DIRECTOR. BY ADV. SRI.HARISANKAR V. MENON RESPONDENT(S): --------------- 1. THE SALES TAX OFFICER, CHITTUR, PALAKKAD. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.30994 OF 2009 ------------------------------ Dated this the 9th day of November, 2009 J U D G M E N T ---------------------- 1. Grievance of the petitioner is that the appellate order issued by the 2nd respondent in two appeals filed by the petitioner against Ext.P1 and P2 assessments has not been served to the petitioner, inspite of specific request made in this regard. The petitioner came to know about passing of the appellate order when they have received notice from the Tribunal in the second appeal filed by the department. It is submitted that the petitioner had already filed appeals before the Tribunal against the order, on producing photocopy of the order received along with the above said notice. But the said appeals are kept defective for want of production of original of the said appellate order. Complaint is that inspite of submission of Ext.P3 request as early as in December 2007 the certified copy is not issued by the 2nd respondent so far. 2. Having considered facts and circumstances I am of the opinion that the 2nd respondent has to take a decision on Ext.P3 and to issue certified copies facilitating the petitioner to file further appeals. W.P.(C).30994/09-T 2 3. Therefore the writ petition is disposed of directing the 2nd respondent to furnish certified copy of Ext.P4 order to the petitioner as requested in Ext.P3 if there is no other legal impediments in issuing such order, at the earliest possible, at any rate within a period of one week from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, JUDGE. okb