Abullais vs. State Of Kerala
Held
The High Court accepted the petitioner's counsel's submission and dismissed the writ petition, concluding that the issue raised therein had already been decided in a prior case involving the same party.
Facts
The petitioner filed a writ petition before the High Court. During the hearing, the petitioner's counsel submitted that the issue involved in the writ petition was already covered by a previous judgment (W.A. No. 747 of 2019) rendered against the petitioner.
Key Issues
The key legal issue was whether the subject matter of the writ petition was already settled or covered by a prior judgment involving the same petitioner, making the current petition unsustainable.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945 WP(C) NO. 26088 OF 2018 PETITIONER: ABULLAIS, SON OF ABDUL MAJEED, AGED 46 YEARS, 4 HOMES, PERINTHALMANNA ROAD, SANKARAMANGALAM, PATTAMBI, PALAKKAD DISTRICT. BY ADVS. SRI.JACOB SEBASTIAN SMT.ANU JACOB SRI.K.V.WINSTON RESPONDENTS: 1 STATE OF KERALA & BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, SECRETARIAT, TRIVANDRUM – 695 001. 2 STATE TAX OFFICE, SECOND CIRCLE, PALAKKAD, 5TH FLOOR, STATE GST COMPLEX, BEHIND CIVIL STATION, PALAKKAD DISTRICT-678001. 3 THE COMMISSIONER, STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM-695001. 4 CENTRAL BOARD OF EXCISE & CUSTOMS DEPARTMENT OF REVENUE,MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI-110001. BY ADV. ARUN AJAY SANKAR -GP ADV. SREELAL WARRIER – STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26088 OF 2018 2 JUDGMENT Learned Counsel for the petitioner submits that the issue involved in the writ petition is covered by the Judgment in W. A. No.747 of 2019 a
The judgment continues below.
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