IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 OP.No. 25153 of 2001(T) ----------------------- PETITIONER: ------------ GEORGE XAVIER, PROPRIETOR, DEEPTHI COLOUR LAB, BISHOP JEROME NAGAR, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.PREETHY KARUNAKARAN SRI.R.RAJESH KORMATH SRI.ANISH S.AMBADY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SALES TAX OFFICER, COMMERCIAL TAX OFFICE, III CIRCLE, KOLLAM. BY GOVERNMENT PLEADER SRI. TEKCHAND THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 41053 OF 2001 IN OP 25153 OF 2001 DISMISSED 29.5.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 & P1(a) TRUE COPIES OF KGST AND CST REGISTRATION CERTIFICATES RESPECTIVELY. EXT.P2 TRUE COPY OF APPLICATION DATED 7.5.2001 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF JUDGMENT DATED 12.6.2001 IN OP 16779 OF 2001 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P4 TRUE COPY OF ORDER NO.1213 /1983/2001-02 DATED 10.8.2001 OF THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 25153 OF 2001 -------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT Since the issue raised is squarely covered by Division Bench decision of this Court in AJANTHA COLOUR LAB V. ADDL. SALES TAX OFFICER III, II CIRCLE, KOZHIKODE, (2000) 8 KTR 341 (Ker.), the impugned order declining amendment of certificate of registration issued to the petitioner is cancelled with direction to the Officer to grant amendment in terms of the judgment. Consequential orders should be issued by the Officer within one month from the date of production of a copy of this judgment. O.P. is allowed as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2