IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 23386 of 2007(H) ----------------------------------------------- PETITIONER(S): ------------------------ SRI. A.J.ABRAHAM, MANAGING PARTNER, M/S. SHANIO METAL CRUSHER UNIT, KURIANOOR, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV.MR.SOJAN JAMES RESPONDENT(S): --------------------------- 1. COMMERCIAL TAX OFFICER, COMMERCIAL TAXES I, THIRUVALLA,PATHANAMTHITTA DIST. 2. COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON 23/03/2009 DELIVERED THE FOLLOWING: Kss WPC.NO.23386/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CIRCULAR DTD. 28/02/07 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF ORDER DTD. 01/06/07 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF ORDER DTD. 01/06/07 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF ORDER DTD. 01/06/07 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DTD. 27/03/06. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23386 of 2007-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2009. JUDGMENT 1.Heard. 2.Relief (b) is granted quashing Exts.P1 to P4 and the parties will stand governed by the terms of the judgment dated 5.3.2009 in WP(C).23980/2007 and connected cases. Relief (c) is left open and it is directed that the first respondent will consider any claim or contention of the petitioner in relation to entry tax in accordance with law at the earliest on production of a copy of this judgment. The writ petition is allowed as above. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230309