IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WA.No. 2680 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.12682/2007 Dated 15/06/2007 .................... APPELLANT(S): PETITIONERS ------------------------- 1. K.I.SALIM, S/O SRI. K.K.IBRAHIM, AGED 47 YEARS, ASSISTANT COMMISSIONER (AUDIT ASSESSMENT), SALES TAX COMPLEX, THEVARA, ERNAKULAM-682013, RESIDING AT KOTTAPPURAM HOUSE, SPW ROAD, COMPANYPPADY, ALUVA. 2. T.J.MATHEW, S/O LATE P.JOHN MATHEW, AGED 50 YEARS, COMMERCIAL TAX OFFICER, AUDIT ASSESSMENT, COMMERCIAL TAXES, CHENGANNUR, RESIDING AT DANAPADIKKAL HOUSE, CHENGANNUR. BY ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE SRI.ANTONY MUKKATH SRI.K.V.JOY SRI.K.RAMACHANDRAN (THYKOODAM) SMT.K.RADHAMANI AMMA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, COMMERCIAL TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. COMMISSIONER OF COMMERCIAL TAXES, COMMERCIAL TAXES DEPARTMENT, VELLAYAMBALAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695001. 3. P.NJANAPRAKASH, ASSISTANT COMMISSIONER (ASSESSMENT)V, SPECIAL CIRCLE-II, DEPARTMENT OF COMMERCIAL TAXES, SALES TAX COMPLEX, THEVARA, ERNAKULAM ON DEPUTATION TO WORKS CONTRACT, ERNAKULAM-682013. 4. DHARMA RATNAM, VELASSERRY HOUSE, KURIAPPALLY, MOOTHAKUNNAM P.O., ERNAKULAM DISTRICT-16. ADV. SRI.ANIL K.NARENDRAN FOR R.3 SR. GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R1, 2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. ````````````````````````````````````````````````````````````` W.A. No. 2680 of 2007 ````````````````````````````````````````````````````````````` Dated this the 15th day of June, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J.Chelameswar, C.J. Aggrieved by the judgment dated 15.06.2007 in W.P.(C) No.12682/2007, the unsuccessful petitioners, two in number, preferred this appeal. The writ petition was filed challenging Exts.P15 and P17 dated 29.04.2005 and 13.05.2005 respectively. The first of the above mentioned exhibits is the final seniority list of Assistant Sales Tax Officers in the State of Kerala, whereas, the second of the above mentioned exhibits is the final seniority list of the Sales Tax Officers in the State of Kerala. 2. By the judgment under appeal, a learned Judge of this Court dismissed the writ petition on the ground that the same is bad by laches. It may be noticed that the writ petition itself came to be filed on 09.04.2007. Admittedly, W.A. No.2680/2007 : 2 : W.P.(C) No.30223/2005 and connected cases, wherein the correctness of the above mentioned two exhibits is under challenge, are still pending on the files of this Court. In the circumstances, we are of the opinion that, to decline to examine the case of the appellants on the ground that they have approached this Court slightly belatedly, in our opinion, is not called for. We, therefore, allow the writ appeal and remit the writ petition to be heard along with W.P.(C) No.30223/2005 and other connected cases. It is open to the respondents to take all other defences, which are available to them, in so far as the claim of the appellants. Sd/- (J.CHELAMESWAR, CHIEF JUSTICE) Sd/- (ANTONY DOMINIC, JUDGE) aks/16.06 // True Copy // P.A. To Judge