M/S.Cherupara Bricks & Metals (P) … vs Sales Tax Officer on 5 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 597 of 2001(E)



1. M/S.CHERUPARA BRICKS & METALS (P) LTD.
                      ...  Petitioner

                        Vs

1. SALES TAX OFFICER
                       ...       Respondent

                For Petitioner  :DR.K.B.MUHAMED KUTTY (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :05/01/2009

 O R D E R
          KURIAN JOSEPH & C.K.ABDUL REHIM, JJ.
              ----------------------------------------------
          R.P.No.597/01 in W.A. No.1799 of 2000
              ----------------------------------------------
                   Dated 5th January, 2009.

                              O R D E R

Kurian Joseph, J.

Learned senior counsel appearing for the review

petitioner submits that after the judgment which is sought to be

reviewed, there have been subsequent clarifications issued by

the Department and hence the judgment may not stand in the

way of the writ petitioner/appellant/review petitioner approaching

the competent authority seeking the eligible benefits as per the

subsequent clarifications.

2. We do not think that such clarification would in any

way cause any prejudice to the respondents since the prayer is

only for the benefit out of the clarifications issued after the

judgment. Therefore, the review petition is disposed of making it

clear that the judgment which is sought to be reviewed shall not

stand in the way of the review petitioner approaching the

competent authority for the benefits, if any out of the

RP NO.597/01 2

clarifications/ circulars issued after the judgment in the writ

appeal.

KURIAN JOSEPH, JUDGE.

C.K.ABDUL REHIM, JUDGE.

tgs

KURIAN JOSEPH &

C.K.ABDUL REHIM, JJ

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R.P.No.597/01 in W.A. No.1799 of 2000

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O R D E R

Dated 5th January, 2009.