IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 8315 of 2010(L) ------------------------- PETITIONER: --------------- PRABHAVATHY AMMA, W/O.LATE K.RAVEENDRAN NAIR, MARANATTU VEEDU, ANAKUNNAM, PALLIKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.S.JAYAPRAKASH (MADAVOOR) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM COLLECTORATE CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, CHIRAYINKIL TALUK, TALUK OFFICE, ATTINGAL. 3. THE COMMISSIONER OF COMMERCIAL TAXES (ASSESSMENT), O/O. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8315 of 2010(L) APPENDIX. PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT IN W.P.(C ) NO.12299/2009 DATED 8.04.2009. EXT.P2 : TRUE COPY OF THE LETTER DATED 30.11.09 FROM THE FIRST RESPONDENT INFORMING THE CANCELLATION OF THE SALE. EXT.P3 : TRUE COPY OF THE REQUEST SUBMITTED TO THE HON'BLE FINANCE MINISTER. EXT.P4 : TRUE COPY OF THE INTIMATION RECEIVED FROM THE OFFICE OF THE FINANCE MINISTER. EXT.P5 : TRUE COPY OF THE NOTICE UNDER SECTION 49(2) OF THE R.R. ACT. EXT.P6 : TRUE COPY OF THE REQUEST DATED 3.3.2010 SUBMITTED TO THE FIRST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8315 OF 2010 ......................................................................... Dated this the 7th July, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers. “ i) issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to Exhibit P5 and quash the same. ii) issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 1 and 2 not to proced with the sale scheduled on 16.03.2010 as per Exhibit P5 before 3rd respondent takes a decision on Exhibit P3; And iii) issue such other reliefs which this Hon'ble Court deems fit to grant considering the facts and circumstances of the case.” 2. The learned Counsel for the petitioner submits that the only relief now pressed before this Court is to direct the third respondent to consider and dispose of Ext.P3 representation preferred by the petitioner for redressal of grievance which is stated as pending before the Commissioner of Commermcial W.P.(C) No. 8315 OF 2010 2 Taxes, the same have been forwarded by the concerned Minister to the said authority. 3. Heard the learned Government Pleader as well. 4. Considering the limited relief now pressed for by the petitioner, there will be a direction to the Commissioner of Commercial Taxes, to whom Ext.P3 has been forwarded as evident from Ext. P4, to consider the same and pass appropriate orders after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with copy of the Writ Petition before the Commissioner of Commercial Taxes for taking further steps . The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk