IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 ST.Rev..No. 240 of 2005 ----------------------------- TA.225/2002 of S.T.A.T.ADDL.BENCH,TVM. .................... REVISION PETITIONER/APPELLANT/REVENUE: ---------------------------------------------------------------- STATE OF KERALA, REP. BY JOINT COMMISSIONER (LAW), COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER (SR.) SRI.MOHAMMED RAFIQ. RESPONDENTS/RESPONDENT/ ASSESSEE: ----------------------------------------------------------- M/S. PATHANAPURAM PALAZHY, BAR ATTACHED HOTEL, PATHANAPURAM. THIS SALES TAX REVISION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: H.L.Dattu,C.J. & A.K.Basheer,J. ----------------------------------------------------------------------- S.T.Rev.No.240 of 2005 & C.M.Appln.No.445 of 2005 ----------------------------------------------------------------------- Dated, this the 8th day of August, 2008 ORDER H.L.Dattu,C.J. State, being aggrieved by the orders passed by the Kerala Agricultural Income Tax and Sales Tax Appellate Tribunal, Thiruvananthapuram in T.A.No.225 of 2002 dated 16th July, 2002 , is before us in this revision petition. (2) In filing the revision petition there is a delay of 869 days. To condone the said delay, C.M.Appln.No.445 of 2005 is filed under section 5 of the Limitation Act. Along with the said application a printed affidavit is filed before us. In the said affidavit except stating that the papers were moving from table to table and person to person, no other explanation is offered by the Revenue for the delay in filing the revision petition. (3) 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. (4) Consequently the revision petition is also rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge an.