IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 12976 of 2006(T) ---------------------------------------- PETITIONER: --------------------- SUNIL ENGIENEERING WORKS REPRESENTED BY ITS MANAGING PARTNER. SRI.M.DHARMARAJAN,AGED 60 YEARS,S/O.MADHAVAN, RESIDING AT REVATHI BHAVAN,THEKKEVILA P.O., KOLLAM-14. BY ADV. SRI.JACOB SEBASTIAN SRI.M.A.RASHID SRI.MATHEW SUNNY SRI.PRADEEP JOY RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SALES TAX OFFICER, CIRCLE-II, KOLLAM. 3. THE TAHSILDAR (REVENUE RECOVERY), KOLLAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12976/2006 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DTD. 25/01/06 ISSUED BY THE TAHASILDAR (REVENUE RECOVERY) KOLLAM. EXT.P2: COPY OF THE DEMAND NOTICE DTD. 22/10/05. EXT.P3: COPY OF THE NOTICE NO.6 3163/04. EXT.P4: COPY OF THE NOTICE NO.D6-691/02. EXT.P5: COPY OF THE NOTICE NO.D6-555/01. EXT.P6: COPY OF THE NOTICE NO.D6 – 5668/02. EXT.P7: COPY OF THE RECEIPT NO.D6-5668/02. EXT.P7(A): COPY OF THE RECEIPT NO.D6-551/01. EXT.P7(B): COPY OF THE RECEIPT NO.D6-551/01. EXT.P7(C): COPY OF THE RECEIPT NO.D6-551/01. EXT.P7(D): COPY OF THE RECEIPT NO.D6-551/01. EXT.P7(E): COPY OF THE RECEIPT NO.D6-5668/02. EXT.P7(F): COPY OF THE RECEIPT NO.D6-5668/02. EXT.P7(G): COPY OF THE RECEIPT NO.D6-555/01. EXT.P8: COPY OF THE LETTER DTD. 15/12/05 ISSUED BY THE SALES TAX OFFICER, 2ND CIRCLE, KOLLAM. EXT.P9: COPY OF THE DEMAND NOTICE DTD. 21/03/06 ISSUED BY THE DEPUTY TAHSILDAR, KOLLAM (REVENUE RECOVERY). /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 12976 OF 2006 --------------------------------------- Dated this the 23rd day of May, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ in the nature of mandamus commanding respondents 2 and 3 to verify the demand notices issued by them and payments made by the petitioner and issue fresh revenue recovery notice after a thorough reconciliation of the payments made by him for the respective years. Petitioner may produce a copy of this judgment along with copy of the writ petition before the second respondent, in which case, the matter shall be duly considered by the second respondent after permitting the petitioner also to peruse the records. This shall be done within a period of three months from the date of production of a copy of this judgment. Petitioner shall also be entitled to consequential benefits either by way of adjustments or refund. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp