IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 2769 of 2009(D) -------------------------------------- PETITIONER(S): ------------------------ DISHNET WIRELESS LTD., B-5, ABM TOWERS- FIRST FLOOR, NEAR INDOOR STADIUM, KADAVANTHRA, KOCHI-20, REPRESENTED BY ITS CIRCLE MANAGER (LEGAL), V.K.SAJITH. BY ADVS. MR.V.G.ARUN, MR.T.R.HARIKUMAR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KARIMBA GRAMA PANCHAYATH, KARIMBA P.O., PALAKKAD REPRESENTED BY ITS SECRETARY. 3. THE VAKATHANAM GRAMA PANCHAYATH, VAKATHANAM P.O., KOTTAYAM REPRESENTED BY ITS SECRETARY. R1 BY GOVERNMENT PLEADER MR. V.,MANU R2 BY ADVS.MR.N.RAGHURAJ, MR.A.V.RAVI, SMT.K.AMMINIKUTTY. R3 BY ADVS.MR.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, MR.N.RAJAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009 ALONG WITH WPC NO. 2789 OF 2009,WPC. NO.3929 OF 2009 AND WPC.NO.20181 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2769/2009 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE LICENCE AGREEMENT DTD. 18/12/2006. P2: COPY OF THE NOTIFICATION SO.170-E DTD. 4/2/2002. P3: COPY OF THE GO(MS) NO.13/2009/LSG DTD. 2/01/2009. P4: COPY OF THE LETTER NO.A4-137/2008-2009 DTD. 15/01/2009. P5: COPY OF THE LETTER NO.A4-582/08 DTD. 15/01/2009. P6: COPY OF THE SAID G.O.(MS) NO.140/09/LAD DTD.22/07/09. P7: COPY OF THE NOTICE ISSUED BY THE HARIPPAD GRAMA PANCHAYATH. P8: COPY OF THE NOTICE ISSUED BY THE RAMAMANGALAM GRAMA PANCHAYATH. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NOs. 2769, 2789, 3929 & 20181 OF 2009 ............................................ DATED THIS THE 25TH DAY OF SEPTEMBER, 2009 JUDGMENT The petitioners challenge the imposition of property tax on the basis of certain Government orders. The Government have themselves kept back the Government order/Circular in view of the impending legislative modifications. Under such circumstances, it is ordered that the impugned order shall not be enforced as against the petitioners and amounts paid by them in terms of the interim orders will be returned on production of a copy of this judgment. Writ petitions ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/25/9