IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29526 of 2008(M) ----------------------------------------------- PETITIONER: ------------------- M/S. E.M. MANI CONSTRUCTION (P) LTD., KOTTAIKANAL ROAD, COCHIN, REPRESENTED BY ITS MANAGING DIRECTOR E.M. MANI. BY ADV. SMT.K.LATHA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29526 OF 2008 M -------------------------------------- Dated this the 6th October, 2008 JUDGMENT I heard the learned counsel appearing for the petitioner and the learned Government Pleader. The prayer sought is to direct the second respondent to issue orders on Ext.P1 clarification petition expeditiously and within a specified time. Petitioner filed application seeking clarification under Section 94 of the KVAT Act. Ext.P2 is the final notice dated 11.3.2008 stating that there will be a hearing on 2.4.2008. According to petitioner hearing took place on 2.4.2008, but still, order is not passed on the same. In such circumstances, the Writ Petition is disposed of directing that a decision shall be taken on Ext.P1 application by the second respondent in accordance with law, within a period of one month from the date of receipt of a copy of this Judgment, if not already taken. If necessary, it is open to the second respondent to issue a fresh notice and hear the petitioner before a decision is taken. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge