M.S.M.Musthafa vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNE AY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942 WA.No.688 OF 2020 AGAINST THE ORDER/JUDGMENT IN WP(C) 35451/2019(F) OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS: 1 M.S.M.MUSTHAFA AGED 59 YEARS PRESIDENT, ALL KERALA PLASTIC DEALERS ASSOCIATION, C/O.KERALA MERCHANTS CHAMBER OF COMMERCE, 1ST FLOOR, ALLIANCE RESIDENCY, MARINE DRIVE, ERNAKULAM, KOCHI-682031 2 ROY.K.P., PRESIDENT, ERNAKULAM GENERAL MERCHANTS ASSOCIATION, MERCHANTS BUILDING, BROADWAY, ERNAKULAM, KOCHI-682031 3 VIPIN, GENERAL SECRETARY, KERALA MERCHANTS CHAMBER OF COMMERCE, 1ST FLOOR, ALLIANCE RESIDENCY, MARINE DRIVE, ERNAKULAM, KOCHI-682031 4 NOUSHAD.T.C, GENERAL SECRETARY, BAKERS ASSOCIATION, KANNACHANTODE, AYYAPPANKAVU, ERNAKULAM, KOCHI-682018 5 ABDUL RAHIM, SECRETARY, PAPER PLATE AND PAPER PRODUCT MANUFACTURES AND DEALERS IN KERALA, BROADWAY, ERNAKULAM, KOCHI-682031 6 NATIONAL AGENCIES, BR.50/1134-1, MASJID LANE, EDAPPALLY, ERNAKULAM, KOCHI-682024, REPRESENTED BY ITS PARTNER 7 ROYAL AGENCIES, DOOR NO.40/5855 B, BASIL ROAD, ERNAKULAM, KOCHI-682031, REPRESENTED BY ITS PARTNER.
WA.No.688 OF 2020 2 8 CEYLON FANCY HOUSE, MARKET ROAD, ERNAKULAM, KOCHI-682031, REPRESENTED BY ITS MANAGING PARTNER 9 ADAHAS.T.S., S/O.SIDHIK, THOTTATHIL HOUSE, ELAMAKKARA.P.O, PUTHUKKALAVATTOM, KOCHI-682026 10 MARUTHI AGENCIES, 40/4648, BASIN ROAD, ERNAKULAM, KOCHI-682035, REPRESENTED BY ITS PARTNER, 11 JAYESH ANTONY, S/O.ANTONY, ARACKAL HOUSE, ELAMKUNNAPUZHA.P.O., VYPIN, ERNAKULAM 12 GREEN TRADE LINKS, 12/259 C, KUTTY SAHEB ROAD, SOUTH CHITTOOR, KOCHI-682027 REP BY IT'S PROPRIETOR, AKHIL ANOTNY BY ADVS. SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN SRI.R.RAJPRADEEP RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, AND SECRETARY TO GOVERNMENT, ENVIRONMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 2 KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD, THIRUVANANTHAPUYRAM-695004, REPRESENTED BY MEMBER SECRETARY. 3 THE DIRECTOR OF URBAN AFFAIRS, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR.P.O, THIRUVANANTHAPURAM-695003 4 THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM-695001. 5 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST, CENTRAL SECRETARIAT, NEW DELHI-110001 SR GP SRI SURIN GEORGE IPE FOR R1 AND R4, ASG SRI.P.VIJAYAKUMAR FOR R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.688 OF 2020 3 JUDGMENT S.MANIKUMAR,CJ Instant Writ Appeal is filed against the order dated 15.1.2020 in W.P.(C) No.35451/2019. Following reliefs are sought for in the writ petition: (i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts.P4 & P5 and quash the same. (ii) Declare that action evidenced by Exts.P4 and P5 without granting sufficient time to dispose of the existing stock of items mentioned therein for which GST is already collected by the State Government is illegal and unconstitutional. (iii) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) award cost to the writ petitioners/appellants.
When the matter came up for hearing before this Court, attention of this Court was brought to the decision in Kerala Bottled Water Manufactures Association (KBWA) and Another v. State of Kerala and Another reported in [2020(3) KHC 1] wherein this Bench also has considered the validity of the Government Order imposing a complete ban of manufacture, storage and sale of 12 single use items from 1.1.2020. WA.No.688 OF 2020 4
On this day when the matter came up for further hearing, Mr.Brijesh Mohan, learned counsel for appellants, seeks permission to withdraw the writ appeal. Placing on record the above, the instant writ appeal is dismissed as withdrawn. S.MANIKUMAR CHIEF JUSTICE SHAJI P.CHALY smv JUDGE
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.