A.S.Aniyan Pillai vs. Deputy Commissioner
Held
The High Court dismissed the writ petition as withdrawn, granting the petitioner liberty to file an appeal. It directed that the period the writ petition was pending before the Court be excluded for calculating the limitation period for the appeal.
Facts
The petitioner filed a writ petition challenging an unspecified order. During the hearing, the petitioner sought permission to withdraw the writ petition to file an appeal before the Appellate Authority.
Key Issues
The key issue was whether to allow the petitioner to withdraw the writ petition to pursue an appeal, and if so, to exclude the writ petition's pendency period for limitation.
AI-generated summary — verify with the full judgment below
WP(C) NO. 2495 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 2495 OF 2022 PETITIONER/S: A.S.ANIYAN PILLAI AGED 62 YEARS S/O. N.SHANMUGHAN PILLAI, KOCHUTHEKKETHIL HOUSE, KARTHIKANILAYAM, KUTTOR P.O., THIRUVALLA-689106. BY ADVS. RAVI KRISHNAN K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT/S: DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, CENTRAL GST AND CENTRAL EXCISE, PATHANAMTHITTA DIVISION, THAZHETHEKKETHIL TOWER, ST.PETER'S JUNCTION, PATHANAMTHITTA. BY ADV SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2495 OF 2022 2 JUDGMENT When this matter is taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file an appeal before the Appellate Authority.
Having regard to the submission made by the petitioner, this writ petition is dismissed as withdrawn. The period during which this writ petition was pending before this Court shall be exc
The judgment continues below.
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