IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 3356 of 2009(Y) ------------------------------------ PETITIONER(S): ----------------------- VODAFONE ESSAR CELLULAR LIMITED KNOWN AS HUTCHISON ESSAR CELLULAR LTD, XL-5115, ASHIS BUILDING, SHANMUGAM ROAD, COCHIN 682 031, REP. BY ITS SENIOR MANAGER-LEGAL, RAJESH MELETH VEETIL. BY ADV. MR.P.SATHISAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHPURAM 2. SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,THIRUVANANTHPURAM . 3. UNION OF INDIA, DEPARTMENT OF INFORMATION TECHNOLOGY, REP.BY SOLICITOR GENERAL OF INDIA. 4. THE SECRETARY, PAMPAKKUDA GRAMA PANCHAYATH, PAMPAKKUDA,P.O., MUVATTUPUZHA, ERNAKULAM 686 667. 5. THE SECRETARY, MULIYAR GRAMA PANCHAYATH MULIYAR PO, 671 542. 6. THE SECRETARY, KONGAD SPECIAL GRADE GRAMA PANCHAYATH, KONGAD P.O., PALAKKAD 678 631. 7. THE SECRETARY, VANDOOR GRAMA PANCHAYATH, VANDOOR, MALAPPURAM DISTRICT. W.P.(C) NO.3356/2009 8. THE SECRETARY, THARIODE GRAMA PANCHAYATH, KAVUMMANDAM PO, WAYANAD 673 121. 9. THE SECRETARY, PANATHHADY GRAMA PANCHAYATH, PANATHUR PO, KASARAGOD 671 532. 10. THE SECRETARY PALAKKUZHA GRAMA PANCHAYATH, PALAKKUZHA PO, KOOTHATTUKULAM, ERNAKULAM 686686. 11. THE SECRETARY KORUTHODE GRAMA PANCHAYATH KORUTHODE PO, KOTTAYAM 686 513. 12. THE SECRETARY THIRUVAMKULAM P.O., ERNAKULAM 682 305. 13. THE SECRETARY ERATTAYAR GRAMA PANCHAYATH ERATAYAR PO IDUKKI 685514. R1 & R2 BY GOVT. PLEADER MR.V.MANU R3 BY ADV.MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR R4 BY ADVS.MR.K.S.ARUN KUMAR, SMT.M.N.MAYA. R5 BY MR.P.K.MUHAMMED R7 BY MR.MANSOOR.B.H. R8 BY MR.MATHEW KURIAKOSE, MR.JOSEPH ZACHARIA. R9 BY MR.M.SASINDRAN R10 MR.N.K.KARNIS R12 BY MR.S.SREEKUMAR R13 BY MR.K.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3356/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LICENSE AGREEMENT DTD. 6.11.08. P2:- COPY OF THE G.O.(MS) NO.123/09 DTD. 2.1.09. P3:- COPY OF THE DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT DTD. 22.1.09. P3(a):- COPY OF THE DEMAND NOTICE ISSUED BY THE 5TH RESPONDENT DTD. 20.1.0.9 P3(b):- COPY OF THE DEMAND NOTICE ISSUED BY THE 6TH RESPONDENT DT. 17.1.09. P3(c):- COPY OF THE DEMAND NOTICE ISSUED BY THE 7TH REPONDENT DTD. 12.1.09. P3(d):- COPY OF THE DEMAND NOTICE ISSUED BY THE 8TH RESPONDENT DTD. 12.1.09. P3(e):- COPY OF THE DEMAND NOTICE ISSUED BY THE 9TH RESPONDENT DTD. 15.1.09. P3(f):- COPY OF THE DEMAND NOTICE ISSUED BY THE 10TH RESPONDENT DTD. 19.1.09. P3(g):- COPY OF THE DEMAND NOTICE ISSUED BY THE 11TH RESPONDENT DTD. 19.1.09. P3(h):- COPY OF THE DEMAND NOTICE ISSUED BY THE 12TH RESPONDENT DTD. 13.1.09. P3(i):- COPY OF THE DEMAND NOTICE ISSUED BY THE 13TH RESPONDENT DTD. 23.1.09. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3356 of 2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of September, 2009. JUDGMENT Exhibit P2 Government Order, purportedly modifying the rate of property tax, is under challenge. It has already been brought to the notice of this Court that the application of the said Government Order has been frozen by G.O. (Ms.)No.140/09/LSGD dated 22.7.2009. Obviously, further action can ensue for revision of property tax only on the basis of the statute law, including any modifications to the statute that may be brought up. It is so declared. With this, this writ petition stands allowed to the aforesaid extent. The amounts paid by the petitioner in terms of the interim order shall be refunded on production of a copy of this judgment. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/221009