Abdul Khader vs. Central Information Commissioner

WP(C)/13703/2021HC KeralaGSTCNR KLHC01036797202125 October 2021Bench: HONOURABLE MR. JUSTICE SUNIL THOMAS4 pages
AI SummaryDismissed

Held

The Court recalled its previous judgment dated July 9, 2021, as it was based on an incorrect premise. The petitioner was directed to comply with the CIC's directions regarding the returned appeal, with liberty to approach the Court again if there was further delay in its disposal after compliance.

Facts

The High Court had previously directed the Central Information Commissioner (CIC) to dispose of the petitioner's appeal (Ext.P4) within two months. However, it was later brought to the Court's attention that the CIC had already returned the petitioner's appeal by an order dated April 1, 2021, prior to the High Court's initial judgment.

Key Issues

Whether the High Court's previous judgment, directing the CIC to dispose of an appeal, should be recalled after it was discovered that the CIC had already returned the appeal to the petitioner.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 25TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943 WP(C) NO. 13703 OF 2021 PETITIONER/S: ABDUL KHADER, AGED 47 YEARS S/O. SAIDUMUHAMMED @ SITHI, MADATHIL HOUSE, NADAKKAL P.O., ERATTUPETTA VILLAGE, KOTTAYAM-686121. BY ADVS. PRAVEEN K. JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH DEEPU RAJAGOPAL RESPONDENT/S: 1 CENTRAL INFORMATION COMMISSIONER, CIC BHAWAN, BABA GANG NATH MARG, NEW DELHI-110067. 2 JOINT COMMISSIONER (APPELLATE AUTHORITY), OFFICE OF THE COMMISSIONER OF VENTRAL GST AND CENTRAL EXCISE, PRESS CLUB ROAD, TRIVANDRUM-695001. 3 ASSISTANT COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, CGST KOTTAYAM DIVISION, CMS COLLEGE ROAD, KOTTAYAM- 686001. BY ADV T.K.RAJESHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 13703 OF 2021 2 JUDGMENT This court by judgment dated 09.07.2021 had disposed of the writ petition by directing the first respondent to take up Ext.P4 appeal and to dispose it of within two months from the date of receipt of a copy of this judgment. Heard the learned couns

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.