IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 7722 of 2005(T) ------------------------- PETITIONER: ------------ DR.SANTHOSH BHARATHAN, SANTHOSH HOSPITAL, THELLICHERRY. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANA KANNAN SRI.P.A.RADAKRISHNAN NAMBIAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT TAXES, THIRUVANANTHAPURAM. 2. SALES TAX OFFICER, OFFICE OF THE SALES TAX OFFICER, IND CIRCLE, THALASSERY. 3. REGIONAL TRANSPORT OFFICER, THALASSERY. 4. REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT OFFICE, THALASSERY, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.6.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.7722/2005 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF INVOICE DT. 21.12.2004 ISSUED BY BMW AG MOTOR COMPANY, GERMANY. EXT.P2 : TRUE COPY OF BILL OF ENTRY DT. 1.2.2005. EXT.P3 : TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE PETITIONER DT. 23.2.2005. EXT.P5 : TRUE COPY OF ORDER DT. 14.10.2004 IN WPC NO. 30212/0-4 OF THIS HONOURABLE COURT. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 7722 of 2005 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT In the matter of entry tax there is already an interim order which reads as follows:- “The vehicle of the petitioner shall be registered by the third respondent on simple bond without sureties being furnished by the petitioner for the amount claimed by way of entry tax.” The learned Government Pleader submits that the appeal filed against the decision of this court reported in Thressiamma L.Chirayil v. State of Kerala, 2007 (1) KLT 303, is pending before the Supreme Court. It is made clear that the parties shall be bound by the decision of the Supreme Court. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7722 of 2005 ----------------------------------- JUDGMENT 27th June, 2008