IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 28073 of 2005(P) -------------------------------------- PETITIONER: ------------------ P.K. SANTHOSH, AGED 40 YEARS, S/O. KESAVAN, PALLITHARA HOUSE, THALIKULAM P.O., THRISSUR. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ---------------------- 1. REGIONAL TRANSPORT OFFICER, THRISSUR. 2. DEPUTY TAHSILDAR (R.R), CHAVAKKAD, THRISSUR. 3. VILLAGE OFFICER, THALIKULAM, THRISSUR. 4. SREE RAM INVESTMENT LIMITED, REP. BY MANAGER, THRISSUR BRANCH, VELIYANNOOR ROAD, NEAR MATHRUBHOOMI, THRISSUR. GOVERNMENT PLEADER SRI.TEK CHAND FOR R1 TO R3 ADV. SRI.PHILIP T.VARGHESE FOR R4 ADV. SRI.THOMAS T.VARGHESE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).28073/2005-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 11/07/2003. EXT.P2: COPY OF THE REPOSSESSION TELEGRAM MESSAGE DATED NIL ISSUED BY 4TH RESPONDENT. EXT.P3: COPY OF THE LAWYER NOTICE DATED 19/12/2003 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P4: COPY OF THE REVENUE RECOVERY NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE REQUEST DATED 03/09/2005 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE REQUEST SUBMITTED BY PETITIONER DATED 03/09/2005 TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No. 28073 OF 2005 --------------------------------------- Dated this the 18th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner and the 4th respondent submit that the tax due as per the demand impugned in this writ petition has already been paid. There is some dispute between them as to who actually paid it. As far the revenue is concerned, the said dispute is irrelevant. In view of the above position, this writ petition is closed. If the tax as claimed is not actually paid, the State will be free to proceed to recover the same, in accordance with law. (K.BALAKRISHNAN NAIR, JUDGE) ps