IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH FEBRUARY 2007 / 8TH PHALGUNA 1928 WA.No. 2172 of 2004() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.28737/2000 Dated 09/04/2003 .................... APPELLANT WITH LEAVE: --------------------------------- SECRETARY, A.K. MEMORIAL CHARITABLE TRUST, REG.NO.Q-208/93, THATTAMPALAM P.O., KOLLAM-691 020. BY ADV. SRI.V.M.KURIAN SRI.A.V.THOMAS SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS/PETITIONER IN OP : ---------------------------------------------------------- 1. KHADI GRAMA VYAVASAYA ASSOCIATION REG.NO.572/93, DIST.UNIT, PALAKKAD, REP. BY ITS SECRETARY C. RAMACHANDRAN, S/O. M.P. CHATHU, AGED 49 YEARS, RESIDING AT MELE HOUSE, KANNANNUR, PALAKKAD. 2. STATE OF KERALA, REP. BY SECRETARY DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 3. KERALA KHADI & VILLAGE INDUSTRIES BOARD, VANCHIYOOR, TRIVANDRUM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.PRAKASH PUTHIADAM R3 BY SRI.K.P. HARISH, SC, KHADI BOARD R2 BY SPL. GOVERNMENT PLEADER(TAXES) SRI. V.V. ASOKAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S. RADHAKRISHNAN(AG.C.J.) & M.N. KRISHNAN,J. = = = = = == = = = = = = = = = = = = = = = W.A. NO. 2172 OF 2004 = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of February, 2007. J U D G M E N T Radhakrishnan,(Ag.C.J.) Heard counsel on either side. Counsel for the appellant submitted that he is entitled to get the benefit of the judgment in Khadi Grama Vyavasaya Association v. State of Kerala and another reported in (2007) 15 KTR 27(Ker.). In the circumstances, we are inclined to dispose of the appeal in terms of the judgment reported in (2007) 15 KLT 27 and the appellant will be entitled to the benefit of that judgment. K.S. RADHAKRISHNAN, (AG. CHIEF JUSTICE). M.N. KRISHNAN, JUDGE. ul/-