High Court Kerala High Court

G.Rajeevan vs Intelligence Officer (Ib) on 27 June, 2008

Kerala High Court
G.Rajeevan vs Intelligence Officer (Ib) on 27 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34899 of 2007(D)


1. G.RAJEEVAN, S/O.GOPALAN, AGED 39,
                      ...  Petitioner

                        Vs



1. INTELLIGENCE OFFICER (IB),
                       ...       Respondent

2. THE INSPECTING ASST.COMMISSIONER (INT),

                For Petitioner  :SMT.R.RANJINI

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :27/06/2008

 O R D E R
                      KURIAN JOSEPH, J.
             -----------------------------------------
                  W.P(C) No.34899 of 2007
             -----------------------------------------
            Dated this the 27th day of June, 2008

                            JUDGMENT

The prayer is for refund of the entry tax. The issue is

covered in favour of the petitioner by the decision reported in

Thressiamma L.Chirayil v. State of Kerala, 2007(1) KLT 303. The

learned Government Pleader submits that the matter is now

pending before the Supreme Court. But there is no interim order.

Therefore, there will be a direction to the respondent to refund

the tax collected from the petitioner within a period of three

months from the date of production of a copy of this judgment.

However, it is made clear that in case the decision of the

Supreme Court goes against the petitioner he shall be bound to

refund the amount. The question of interest is left open.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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W.P(C).No.34899 of 2007

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JUDGMENT

27th June, 2008