M/S Kalliyath Developers PVT.LTD vs. The Assistant State Tax Officer
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUE AY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941 WP(C).No.2096 OF 2020(J) PETITIONER/S: M/S KALLIYATH DEVELOPERS PVT.LTD, VIII/563, EDUPPUKULAM, PATTATHALACHI, PALAKKAD DISTRICT, REPRESENTED BY ITS DIRECTOR SMT. P.T.AYSHA. BY ADV. SRI.K.MANOJ CHANDRAN RESPONDENT/S: 1 THE ASSISTANT STATE TAX OFFICER, SQUAD NO V11, STATE GST DEPARTMENT, PALAKKAD, KERALA- 678 001. 2 THE DEPUTY COMMISSIONR, STATE GST DEPARTMENT, PALAKKAD, KERALA-678 001. OTHER PRESENT: SMT.M.M.JASMINE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2096 OF 2020(J) 2 ALEXANDER THOMAS, J. ----------------------------------------- W.P.(C.) No. 2096 of 2020 ----------------------------------------- Dated this the 28th day of January, 2020 JUDGMENT The prayers in the above W.P.(C.) are as follows : (I) “to call for the records leading to Ext.P3 notice, verify and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order ; (II) to issue a writ of mandamus directing the 1st respondent to release the consignment detained pursuant Ext P3 notice unconditionally. (III) To pass such other orders which in the circumstances of this case, this hon'ble court deems fit.”
Heard Sri.K.Manoj Chandran, learned counsel appearing for the petitioner and Smt.M.M.Jasmine, learned Government Pleader appearing for the respondents.
The learned Government Pleader appearing for the respondents was earlier requested to get specific instructions. Today, when the matter has been taken up for consideration, Smt.M.M.Jasmine, learned Government Pleader would submit on the basis of instructions of the party that on 25.1.2020, the seized vehicle and the goods has already been released to the petitioner on his furnishing the bank guarantee for the value covered in the impugned Ext.P3 order and that therefore, the matter in issue raised in this petition has become infructuous. The learned counsel appearing for the petitioner would concur in the factual submissions made
WP(C).No.2096 OF 2020(J) 3 by the learned Government Pleader on behalf of the respondents. Hence, it is only to be ordered that the matter in this petition has become infructuous. Accordingly, recording the submissions on both sides, the above W.P.(C.) will stand disposed of. ALEXANDER THOMAS, JUDGE SKS
WP(C).No.2096 OF 2020(J) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE INVOICE DATED 21.1.2020 EXHIBIT P2OF THE E-WAY BILL DATED 21.1.2020 EXHIBIT P3OF THE ORDER OF DETENTION DATED 21.1.2020
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.