High Court Kerala High Court

State Of Kerala Represented By vs M/S.Sakthi Compuer Forms … on 19 November, 2008

Kerala High Court
State Of Kerala Represented By vs M/S.Sakthi Compuer Forms … on 19 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 54 of 2007()


1. STATE OF KERALA REPRESENTED BY
                      ...  Petitioner

                        Vs



1. M/S.SAKTHI COMPUER FORMS PANAGAPPARA,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :19/11/2008

 O R D E R
                  H.L.DATTU, C.J. & A.K.BASHEER, J.
                 ------------------------------------------------------
                            S.T.Rev.No.54 of 2007 &
                           C.M.Appln.No.142 of 2007
                      ---------------------------------------------
                 Dated, this the 19th day of November, 2008

                                     O R D E R

H.L.Dattu, C.J.

State, being aggrieved by the orders passed by the Kerala Sales

Tax Appellate Tribunal, Thiruvananthapuram in T.A.No.97/2005 dated

22.6.2005 , is before us in this revision petition.

(2) In filing the revision petition there is a delay of 451 days.

To condone the said delay, C.M.Appln.No.142/2007 is filed. Along with the

said application an affidavit is filed before us. In the said affidavit it is stated

that, the order of the Tribunal was received in the office of the Joint

Commissioner (Law) on 11.8.2005 and, that, after obtaining the proposal

from the Commissionerate, Thiruvananthapuram the files were sent to the

office of the Advocate General on 10.1.2007 for preparing the revision

petition and ascertaining the opinion from the concerned Government Pleader.

It is stated that, the files were placed before the concerned Government

Pleader on 16.1.2007. It is also stated that after preparation of the revision the

same was signed on 19.1.2007 and entrusted to the office of the Advocate

General for filing on the same day itself.

(3). It is further stated in the affidavit that, delay was caused on

S.T.Rev.No. 54/2007 -2-

account of administrative reasons as well as by reason of heavy work

load in the office of the Advocate General and concerned Government

Pleader. It is also stated that some delay was caused in getting the

assessment records from the concerned assessing authority. It is also

stated that the delay is not wilful.

(4) The explanation offered by the petitioner for

condonation of the delay in filing the Sales Tax Revision case is wholly

unsatisfactory. Therefore, the delay in filing the revision petition cannot

be condoned by us. Accordingly the application for condonation of

delay requires to be rejected and it is rejected.

(5) Consequently the revision petition is also rejected.

(6) The question of law raised in this revision petition is

left open to be agitated in an appropriate case.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
MS