T.K.Abdul Rahman vs Thrissur Corporation on 8 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35289 of 2009(E)


1. T.K.ABDUL RAHMAN,
                      ...  Petitioner

                        Vs



1. THRISSUR CORPORATION,
                       ...       Respondent

2. SECRETARY,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :08/12/2009

 O R D E R
                 THOTTATHIL B. RADHAKRISHNAN, J.
             --------------------------------------------------------------
                         WP(C) NO. 35289 OF 2009
                           ----------------------------------
                  Dated this the 8th day of December, 2009

                                   JUDGMENT

The petitioner is aggrieved by the refusal of the Tribunal for the

LSGIs to register a revision petition. Perused the endorsements on the

memorandum of revision petition which has been returned by the Tribunal.

The petitioner has necessarily to prosecute the matter before the Tribunal

and even if the revision is not entertainable on account of the deficiency in

payment of the tax, the Tribunal has to pass an order rejecting the revision.

The reason for this is simple. The petitioner is entitled to seek relief

against such decision. Therefore, he ought to know the reason for such

rejection. Any superior court considering the matter should also have the

material to know that the revision has actually been rejected and the

reasons therefor. The petitioner is therefore entitled to get the final

decision of he Tribunal on the question whether the revision is received on

file or is rejected. Preserving the right of the petitioner to re-present the

revision for decision as stated above, this writ petition is dismissed without

entering on merits.

THOTTATHIL B. RADHAKRISHNAN, JUDGE
mns