Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 WP(C) NO.382 OF 2023 PETITIONERS:
1 JAYAN S AGED 55 YEARS AJAYA SADANAM, KAVUMPADU SOORANAD P.O., MAVELIKKARA ALAPPUZHA, KERALA, PIN - 690561 2 SHEFEEK AGED 50 YEARS PADIPURAYIL, TRADING COMPANY PUNALOOR, KOLLAM-, KERALA. , PIN - 691305 BY ADV.
PRASANNA KUMAR K.
RESPONDENTS:
1 EXECUTIVE OFFICER SABARIMALA DEVASWOM TRAVANCORE DEVASWOM BOARD SABARIMALA P.O., PIN - 689713 2 SECRETARY GST COUNCIL, 5TH FLOOR, TOWER 11 JEEVAN BHARAI BUILDING, JANPATH ROAD CONNAUGHT PLACE, NEW DELHI, PIN - 110001 3 TRAVANCORE DEVASWOM BOARD NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM REPRESENTED BY SECRETARY, PIN - 695003 SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2 W.P.(C) No.382 of 2023 J U D G M E N T Anil K.Narendran, J.
The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari against Ext.P3 notice dated 26.12.2022 issued by the 1st respondent Executive Officer, Sabarimala Devaswom. The petitioners have also sought for other consequential reliefs.
2.
On 06.01.2023, when this writ petition came up for admission, it was noticed that the affected parties are not in the party array. Therefore, the petitioners were directed to file an application for impleadment.
3.
Today, when this matter is taken up for consideration, it is brought to the notice of the learned counsel for the petitioner that the writ petition does not contain proper pleadings. The reliefs sought for are not properly drafted. The affected parties are not in the party array, which is contrary to the mandate of Rule 148 of the Rules of the High Court of Kerala, 1971.
4.
Adv.Prasanna Kumar K, the learned counsel for the petitioners seeks permission to withdraw this writ petition,
3 W.P.(C) No.382 of 2023 without prejudice to the right of the petitioners to file a fresh writ petition with proper pleadings and necessary parties in the party array.
Having considered the submissions made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the right of the petitioners to file fresh writ petition with proper pleadings and necessary parties in the party array.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- P.G. AJITHKUMAR, JUDGE PV
4 W.P.(C) No.382 of 2023 APPENDIX OF WP(C)No.382/2023 PETITIONERS' EXHIBITS Exhibit P1 CERTIFICATE ISSUED DATED NIL BY THE 1ST RESPONDENT VIDE CERTIFICATE NO.115 FOR THE YEAR 2022-2023 TO THE 1ST PETITIONER.
Exhibit P2 CERTIFICATE ISSUED TO THE 2ND PETITIONER VIDE CERTIFICATE NO.125 DATED 11.02.2022 BY 1ST RESPONDENT WHO IS POWER OF ATTORNEY HOLDER OF 1ST PETITIONER.
Exhibit P3 NOTICE NO.3 VIDE NOTICE NO. EOP NO.196/22/SABA BY THE 1ST RESPONDENT TO THER 1ST PETITIONER IN ORDER TO REMIT GST.
Exhibit P4 TRUE COPY OF THE GMAIL DATED, 2-1-2023 COLLECTED FROM THE WEBSITE OF GST Exhibit P5 COPY OF THE CHALLAN ISSUED BY THE DHANALAKSHMI BANK SABARIMALA BRANCH FOR RS.4,09,274/- ON 26.12.2022 SAME DAY OF EXBT. P3.