IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22423 of 2010(C) -------------------------- PETITIONER: --------------- V.M.ABDUL JALEEL,ADUKKALA SMART KITCHEN BUS STAND ROAD,KODUNGALLOOR, THRISSUR DIST. BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: --------------- 1. THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES KODUNGALLOOR, THRISSUR -680664. 2. THE INTELLIGENCE OFFICER(IB) SQUAD NO.1,COMMERCIAL TAXES, THRISSUR -680004 3. INSPECTING ASSISTANT COMMISSIONER DEPARTMENT OF COMMERCIAL TAXES, IRINJALAKKUDA, THRISSUR-680121 BY SR.GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 22423 OF 2010 ......................................................................... Dated this the 22nd July, 2010 J U D G M E N T The petitioner is challenging Ext.P6 order passed by the first respondent raising many a ground in the Writ Petition. It is reflected from the prayer No.2 that the petitioner intends to avail the statutory appeal before the Deputy Commissioner of Appeals and seeks for a direction to dispose of the appeal, if filed within the time to be fixed by this Court, untrammeled by the observations of the first respondent and the alleged deposition made by the petitioner. 2. Obviously, a very strange prayer has been made by the petitioner, with regard to the correctness or justifiability of which, this Court does not express anything for the time being, except that, it is nothing but an anticipatory cause of action, which cannot be entertained by this Court. That apart, the direction is sought to be issued to the Deputy Commissioner of W.P.(C) No. 22423 OF 2010 2 Appeals, who is not a party in the present Writ Petition. 3. In the above circumstance, interference is declined and the Writ Petition is dismissed, however, without prejudice to the rights and liberties of the petitioner to challenge Ext.P6 assessment order stated as passed by the first respondent pursuant to Ext.P4 judgment passed by this Court earlier, in W.P.(C) No.6437 of 2010 . P.R. RAMACHANDRA MENON, JUDGE. lk