Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 WP(C) NO. 3601 OF 2024 PETITIONERS:
1 P. MUSTHAFA AGED 58 YEARS S/O.POKKER, PALLAKKALTHARAMMEL HOUSE, PATTUVAM P.O, PATTUVAM AMSOM AND DESOM, KANNUR DISTRICT, PIN - 670143 2 N.P. RAMLATH AGED 42 YEARS W/O.LATE P.C. ABDUL LATHEEF, STREET NO.4, ALLAMKULAM, KARIMBAM P.O., KANNUR DISTRICT, PIN - 670141 3 ALTHAF AGED 21 YEARS S/O.LATE P.C. ABDUL LATHEEF, RESIDING AT P.C HOUSE, ALLAMKULAM, KARIMBAM P.O., KANNUR DISTRICT., PIN - 670141 4 AFTHAB AGED 20 YEARS S/O LATE P.C. ABDUL LATHEEF, STREET NO. 4, ALLAMKULAM, KARIMBAM P.O., KANNUR DISTRICT, PIN - 670141 5 FIMIDHA AGED 19 YEARS D/O.LATE P.C. ABDUL LATHEEF, STREET NO.4, ALLAMKULAM, KARIMBAM P.O., KANNUR DISTRICT, PIN - 670141 BY ADVS.
O.V.MANIPRASAD JOSE ANTONY HARIKRISHNAN P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR KANNUR, PIN - 670001 3 THE TAHSILDAR, TALIPARAMBA TALUK, TALIPARAMBA, KANNUR, PIN - 670141 4 DEPUTY COMMISSIONER TAX PAYER SERVICES DIVISION, KANNUR NORTH, GST DEPARTMENT, KANNUR, PIN - 670002
WP(C) NO. 3601 OF 2024 2 5 MUTHOOKKARAN MUHAMMED ASHARAF AGED 61 YEARS S/O.CHERIYA MAMMU HAJI, KUNHAMINA MANZIL, MANNA TALIPARAMBA P.O, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670141 SMT. VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3601 OF 2024 3 JUDGMENT When this matter was called today, learned Government Pleader – Smt.Vidya Kuriakose submitted that the petitioners need not have approached this Court through this writ petition because, their petition before the 1st respondent, namely Ext.P8 - which is styled as a review petition – will be considered in terms of law, after hearing them, as also the party respondents. She submitted that action in this regard will be taken and completed without any avoidable delay.
2. Sri.O.V.Maniprasad – learned counsel for the petitioners, in response, submitted that, though his clients are challenging Ext.P7, in view of the factum of them having assailed it before the Government itself through Ext.P8 review petition, they will be satisfied if its competent Authority considers the same dispassionately, based on all relevant facts. He, however, prayed that the 1st respondent be directed to do so within a time frame to be fixed by this Court.
3. Taking note of the afore submissions of the learned Government Pleader, I am certain that this Court need not issue notice to the parties; since they would be put to no prejudice on account of the directions that I propose herein.
In the afore circumstances, I allow this writ petition, directing the
WP(C) NO. 3601 OF 2024 4 competent Authority of the 1st respondent to hear the petitioners, as also the party respondents; thus culminating in an appropriate order, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
Needless to say, I have not entered into the merits of any of the rival contentions; and all of them are left open to be decided appropriately by the competent Authority of the 1st respondent.
It also goes without saying that since Ext.P8 has been agreed to be considered by the Government, all further action pursuant to Ext.P7 will stand deferred until such time as the afore exercise is completed and the resultant order communicated to the petitioners.
Sd/- DEVAN RAMACHANDRAN JUDGE MC/2.2
WP(C) NO. 3601 OF 2024 5 APPENDIX OF WP(C) 3601/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMON JUDGMENT DATED 10.04.2015 IN WPC NO.32701 OF 2010 AND CONNECTED CASES Exhibit P2 A TRUE COPY OF THE I.A NO.2 OF 2022 IN W.A NO.1532 OF 2015 Exhibit P3 A TRUE COPY OF THE COMMON JUDGMENT DATED 25.01.2023 IN W.A NO.1532 OF 2015 AND CONNECTED CASES Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 21.07.2023SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 20.07.2023SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE LETTER DATED 10.10.2023 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE GO (RT.) NO.
4186/2023/RD DATED 21.11.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P8 A TRUE COPY OF THE REVIEW PETITION DATED 04.01.2024 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 04.01.2024 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 04.01.2024 SUBMITTED BEFORE THE 4TH RESPONDENT