IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 W.P(C).No. 9086 of 2008(F) -------------------------------------- PETITIONER: ------------------ JITH TECHNOLOGIES DEVASWOM BUILDINGS, NADA, IRINJALAKUDA, THRISSUR DISTRICT,REPRESENTED BY PROPRIETOR A.KRISHNAKUMAR. BY ADV. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN RESPONDENTS: --------------------- 1. COMMERCIAL TAX OFFICER COMMERCIAL TAX OFFICE, IRINJALAKUDA, PIN 680 121. 2. ASSISTANT COMMISSIONER (AA) COMMERCIAL TAXES THRISSUR PIN 680 003. 3. DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES ERNAKULAM PIN 682 015 4. INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES, IRINJALAKUDA ,PIN 680 121. 5. THE SECRETARY TOO GOVERNMENT TAXES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM PIN 695 001. BY GOVT. PLEADER, SRI. C.K. GOVINDAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 9086 OF 2008 - F = = = = = = = = = = = = = = Dated this the 18th March, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P12. 2. Ext.P12 is an order passed by the 3rd respondent declining condonation of delay in filing Ext.P11 appeal. Counsel for the petitioner submits that pursuant to Ext. P9 judgment, the petitioner had filed O.T. Appeal No. 2/08 and after the disposal of the said appeal by Ext. P10 judgment, copy was received on 4.3.2008 and the appeal that led to Ext. P12 was filed on 7.3.2008. A reading of Ext. P12 shows that what transpired after the judgment in the writ petition leading to the filing of the O.T. Appeal and its disposal, is not taken cognizance of by the 3rd respondent while deciding on the delay condonation application. On facts, I am satisfied that the petitioner cannot be said to be guilty disentitling him, consideration of the appeal on merits. 3. Ext. P12 will therefore stand quashed and the 3rd respondent is directed to consider Ext. P11 appeal on merits. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-