IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23094 of 2009(F) -------------------------- PETITIONER(S): ------------------ CABLE TV OPERATORS ASSOCIATION, REG.NO.A299/2002, G-21, PANAMPILLY NAGAR, KOCHI-36, REPRESENTED BY ITS GENERAL SECRETARY, VIJAYAKRISHNAN.K., AGED 43 YEARS, S/O.M.KRISHNAN NAIR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, TRIVANDRUM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23094 OF 2009 (F) ===================== Dated this the 25th day of August, 2009 J U D G M E N T In this case, petitioner submits that on acceptance of an affidavit undertaking to discharge the liability of service tax, the Board should renew the agreements with the petitioner. 2. According to the standing counsel for the respondents, without prejudice to their contention that they are not liable to pay service tax, Board has decided to collect service charge and pay to the Department under protest. 3. In view of the above, it being a statutory liability, petitioner will have to pay the service tax. Therefore, there is no question of directing the Board to renew the agreements accepting the affidavit as offered by the petitioner. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp