Petitioner challenged non-grant of sales tax exemption by Khadi Board, alleging pendency of related OP. Court held related OP disposed of, directing Board to consider application within two months.
Directing the first respondent to consider the petitioner's application for sales tax exemption and pass appropriate orders within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929
OP.No. 7784 of 2003(B)
PETITIONER:
B.SREENIVASAN, PRESIDENT, PRANAVAM, CHARITABLE SOCIETY, (REG.NO.O.744/95), CHANNANATHOPPU-P.O., KOLLAM.
BY ADV. SRI.N.DHARMADAN (SR.)
SRI.ARAVINDA KUMAR BABU T.K.
RESPONDENTS:
BY SHRI.K.P.PRADEEP, GOVERNMENT PLEADER
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.NO. 7784/2003
ORDER ON CMP NO.13584/2003 IN O.P.NO. 7784/2003
DISMISSED.
20/11/2007
SD/- (C.N.RAMACHANDRAN NAIR, JUDGE)
APPENDIX
PETITIONER'S EXHIBITS
P2 : COPY OF ORDER G.O.(MS) NO.572/64/REV. DATED 05/09/64 BY GOVERNMENT.
P3 : COPY OF ORDER ON CMP NO.40193/02 IN O.P.NO. 23593/02 DATED 11/09/2002 OF THIS HONOURABLE COURT.
P5 : COPY OF NOTICE NO.12191608/98-99 DATED 20/02/2003 BY 2ND RESPONDENT.
P6 : COPY OF NOTICE NO.12191608/99-2000 DATED 20/02/2003 BY 2ND RESPONDENT.
P7 : COPY OF LETTER DATED 01/01/2003 BY PETITIONER TO 1ST RESPONDENT.
// TRUE COPY //
PA TO JUDGE.
jg
C.N.RAMACHANDRAN NAIR, J.
O.P. No. 7784 of 2003
Dated, this the 20th day of November, 2007
J U D G M E N T
Petitioner's grievance is that his application for sales tax exemption is not granted by the Khadi Board for the reason that the original petition filed by the petitioner against the Khadi Board was pending in this Court. It is seen that O.P.No.23593/2002 was disposed of by this Court on 13/07/2006, wherein, the dispute on petitioner's challenge against rate of interest is referred back to the Khadi Board for their decision. In view of this judgment, the Khadi Board can no longer withhold petitioner's application for sales tax exemption. This original petition is, accordingly, disposed of directing the 1st respondent to consider petitioner's application and pass orders, based on relevant notifications, within a period of two months from the date of receipt of a copy of this judgment.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg
1 issue framed by the court
Whether the petitioner is entitled to sales tax exemption from the Khadi Board after the court referred the issue of adjoining land to the Board in a related matter.
2 provisions across 2 enactments
B.SREENIVASAN, PRESIDENT, PRANAVAM, CHARITABLE SOCIETY
Kerala Khadi and Village Industries Board
Sales Tax Officer
C.N.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
