The Federal Bank Limited vs. State Of Kerala

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WP(C)/19639/2019HC KeralaGSTCNR KLHC01050206201930 July 2019Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN77 pages

CR IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.28316 of 2016 PETITIONER: STATE BANK OF INDIA, SME BRANCH, ANDOOR BUILDING, GENERAL HOSPITAL RAOD, VANCHIYOOR PO., THIRUVANANTHAPURAMPIN-695035 REP. BY ITS CHIEF MANAGER BY ADV. SRI.S.EASWARAN RESPONDENTS: 1 STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY TO FINANCE DEPARTMENT, THIRUVANANTHAPURAMPIN-695001 2 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001 3 THE TAHSILDAR, REVENUE RECOVERY OFFICE, THIRUVANANTHAPURAM-695001 4 SRI. JOSEPHERSON.A., PROPRIETOR M/S. HILOTON MOTORS,SWARGADHANAM, TC.6/1447, PTP NAGAR, THIRUVANANTHAPURAMPIN-695038 5 UNION OF INDIA, MINISTRY OF LAW AND JUSTICE, NEW DELHI-110001 REP. BY THE SECRETARY BY ADVS.SRI.B.RAMACHANDRAN, CGC SRI.PHILIP J.VETTICKATTU SRI.RANJITH THAMPAN,ADDL. ADVOCATE GENERAL SRI.VINEETH KURIAKOSE SRI.P.VIJAYAKUMAR,ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).468/2018, WP(C).5899/2017, WP(C). 12849/2018, WP(C).19639/2019,

WP(C).27147/2018,

WP(C).

28962/2017, WP(C).31945/2017,

WP(C).34002/2018,

WP(C).

34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.468 of 2018 PETITIONER: THE BANK OF INDIA REPRESENTED BY ITS MANAGER, KANDASSANKADAVU BRANCH, THRISSUR DISTRICT, PIN - 680 613. BY ADVS. SHRI.JAWAHAR JOSE SMT.CISSY MATHEWS SRI.SARUN RAJAN RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2 THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES DEPARTMENT, IRINJALAKUDA P.O., THRISSUR DISTRICT, PIN - 680 121. 3 THE TAHASILDAR, MUKUNDAPURAM, TALUK OFFICE, IRINJALAKUDA P.O., THRISSUR DISTRICT, PIN - 680 121. 4 MS. SURESHLASYA DIAMONDS AND JEWELS INDIA PRIVATE LIMITED, LASYA TOWERS, NEAR PONJANAM TEMPLE, PONJANAM, KATTOOR P.O., THRISSUR, PIN - 680 702, REP.BY ITS MANAGING DIRECTOR SRI. SURESH M.K. 5 SURESH M.K., MULANGADAN HOUSE, PONJANAM, KATTOOR P.O., THRISSUR, PIN - 680 702. WPC 28316/16 & con. Cases 3 6 PUSHPA SURESH, MULANGADAN HOUSE, PONJANAM, KATTOOR P.O., THRISSUR, PIN - 680 702. BY ADDL. AG SRI.RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).28316/2016, WP(C).5899/2017, WP(C).12849/2018,

WP(C).19639/2019,

WP(C).27147/2018, WP(C).28962/2017, WP(C).31945/2017, WP(C).34002/2018, WP(C). 34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.5899 of 2017 PETITIONER: REPCO HOME FINANCE LIMITED, NON-BANKING FINANCE COMPANY HAVING ITS CORPORATE OFFICE AT CHENNAI AND A BRANCH OFFICE AT JEEVAN JYOTHI BUILDING, TRIVANDRUM ROAD, PUNALUR, KERALA REPRESENTED BY ITS MANAGER BY ADV. SRI.P.PAULOCHAN ANTONY RESPONDENTS: 1 THE TAHSILDAR, TALUK OFFICE, MINI CIVIL STATION, KACHERY ROAD, PUNALUR, KOLLAM 691 305. 2 DEPARTMENT OF COMMERCIAL TAXES REPRESENTED BY COMMISSIONER, COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM 3 COMMERCIAL TAX OFFICER, MINI CIVIL STATION, KACHERY ROAD, PUNALUR, KOLLAM 691 305. 4 SRI.BABU K.K., MAYLATTUPARA HOUSE,AYIRANALLOOR P.O.,EDAMON, 34, PUNALURKERALA 691 307. BY ADDL. AG SRI.RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).468/2018, WP(C).28316/2016, WP(C). 12849/2018,

WP(C).19639/2019,

WP(C).27147/2018,

WP(C). 28962/2017,

WP(C).31945/2017,

WP(C).34002/2018,

WP(C). 34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.12849 of 2018 PETITIONER: M/S ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED 'THE RUBY',10TH FLOOR, 29 SENAPATI BAPAT MARG, DADAR(WEST)MUMBAI-400028, REP. BY AUTHORISED SIGNATORY RAMESH RAMAN. BY ADVS. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SRI.M.D.JOSEPH SRI.NELSON JOSEPH RESPONDENTS: 1 THE ASST. COMMISSIONER (ASSMT), OFFICE OF THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE, KOLLAM-691001. 2 THE TAHSILDAR, REVENUE RECOVERY, KOLLAM-691008. 3 M/S M V R INDUSTRY PVT.LTD FORMERLY KNOWN AS M V R EXPORTS PVT.LTD.NO.24, GST ROAD, GUINDY, CHENAI-32, REPRESENTED BY ITS MANAGING DIRECTOR. NAME OF R3 IS CORRECTED AS “M.V.R.INDUSTRY LTD.” AS PER ORDER DATED 12.4.20`18 IN IA 7307/2018 BY ADVS. SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY BY ADDL. AG SRI.RANJITH THAMPAN

WPC 28316/16 & con. Cases 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).468/2018, WP(C).5899/2017, WP(C). 28316/2016,

WP(C).19639/2019,

WP(C).27147/2018,

WP(C). 28962/2017,

WP(C).31945/2017,

WP(C).34002/2018,

WP(C). 34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.19639 of 2019 PETITIONER: THE FEDERAL BANK LIMITED, LCRD DIVISION, MARINE DRIVE, ERNAKULAM - 682 031, REPRESENTED BY ITS DEPUTY VICE PRESIDENT BY ADVS. SRI.MOHAN JACOB GEORGE SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2 DISTRICT COLLECTOR, ERNAKULAM - 682 001 3 TAHSILDAR, KUNNATHUNADU TALUK - 682 016 BY ADDL. AG SRI.RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).468/2018, WP(C).5899/2017, WP(C). 12849/2018,

WP(C).28316/2016,

WP(C).27147/2018,

WP(C). 28962/2017,

WP(C).31945/2017,

WP(C).34002/2018,

WP(C). 34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.27147 of 2018 PETITIONER: PHOENIX ARC PRIVATE LIMITED, ACTING IN ITS CAPACITY AS TRUSTEE OF PHOENIX TRUST FY-17-11, HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, DANI CORPORATE PARK, 158, CST ROAD, KALINA, SANTA CRUZ(E) MUMBAI-400 098, MAHARASHTRA, REPRESENTED BY ITS AUTHORISED OFFICER BY ADVS.SMT.ANJU MOHAN SMT.M.G.SUSSILA SRI.B.SATHEEZ CHANDRAN SRI.MANSOOR.B.H. SRI.P.GOPINATH MENON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001 2 REVENUE DEPARTMENT GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY REVENUE.

WPC 28316/16 & con. Cases 9 3 DISTRICT COLLECTOR, ERNAKULAM, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030. 4 SPL. TAHSILDAR (R R), (REVENUE RECOVERY), KANAYANNUR, ERNAKULAM, PIN-682 030. 5 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY FINANCE ROOM NO.46, NORTH BLOCK, NEW DELHI-110 001. ADDL. R6 STATE BANK OF INDIA REP. BY THE GENERAL MANAGER, SME BRANCH, FIRST FLOOR, JOY'S BUILDING, M.G.ROAD, ERNAKULAM-682 011 IMPLEADED AS PER ORDER DATED 30.07.2019 IN IA 1/2019 ADDL. R7 ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE, THE FERN A PARTNERSHIP FIRM, REP BY DR.C.K.DEVADAS - MANAGING PARTNER, VIVEKANDA LANE, NEAR SOUTH RAILWAY STATION, ERNAKULAM, KOCHI - 682 016. ADDL. R8 DR.C.K.DEVADAS, S/O SHRI.C.K.KUNJAN, MANAGING PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 41/3325, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI - 682 018. ADDL. R9 MR.DEEPAK SATHYAPALAN, S/O DR.P.A.SATHYAPALAN, PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 64/2047 (OLD NO.42/1711), MARKET ROAD, ERNAKULAM, KOCHI - 682 018. ADDL. R10 MRS.OMANA GOPALAN, W/O DR.M.A.GOPALAN, PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 'SREE RAMA VILASAM', DOOR NO.67/2750, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI - 682 018. ADDL. R11 MRS.BHUVANESWARI SATHYAPALAN, W/O DR.P.A.SATHYAPALAN, PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 64/2047 (OLD NO.42/1711), MARKET ROAD, ERNAKULAM, KOCHI - 682 018. WPC 28316/16 & con. Cases 10 ADDL. R12 MRS.RADHA DEVADAS, W/O DR.C.K.DEVADAS, PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 41/3325, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI - 682 018. ADDL. R13 MR.D.SHYAM, S/O DR.C.K.DEVADAS, PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 41/3325, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI - 682 018. ADDL. R14 MRS.RINU GOPALAN, D/O DR.M.A.GOPALAN, PARTNER, ERNAKULAM TOURIST BUNGALOW, UNIT: BEAUMONDE THE FERN, 'SREE RAMA VILASAM', DOOR NO.67/2750, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI - 682 018. ADDL. R15 DR.M.A.GOPALAN, S/O MR.ACHUTHAN, SREE RAMA VILASAM, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI-682018 ADDL. R16 DR.P.A.SATHYO, 42/1722, MARKET ROAD, ERNAKULAM, KOCHI - 682 018. IMPLEADED AS PER ORDER DATED 30.07.2018 IN IA 2/2019 ADDL. R17 STATE BANK OF INDIA, COMMERCIAL BRANCH, 1ST FLOOR, EJ CHANMBERS, RAVIPURAM, ERNAKULAM REP. BY BRANCH MANAGER. ADDL. R18 BRANCH MANAGER, STATE BANK OF INDIA, COMMERCIAL BRANCH, 1ST FLOOR, EJ CHAMBERS, RAVIPURAM, ERNAKULAM. IMPLEADED AS PER ORDER DATED 30.07.2019 IN IA 4/2019 ADDL. R19 SALES TAX OFFICER, 3RD CIRCLE, ERNAKULAM. ADDL. R20 STATE TAX OFFICER (LT), ERNAKULAM ADDL. R21 DEPUTY COMMISSIONER OF STATE TAX (LAW), ERNAKULAM.

WPC 28316/16 & con. Cases 11 IMPLEADED AS PER ORDER DATED 30.07.2019 IN IA 6/2019 BY ADDL. AG SRI.RANJITH THAMPAN BY SRI.P.VIJAYAKUMAR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).468/2018, WP(C).5899/2017, WP(C). 12849/2018,

WP(C).19639/2019,

WP(C).28316/2016,

WP(C). 28962/2017,

WP(C).31945/2017,

WP(C).34002/2018,

WP(C). 34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 12 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.28962 of 2017 PETITIONER: KAFEEL REYNOLD, ASINARA, NO.1, MRA, MUNDAKKAL, SN. COLLEGE JUNCTION, KOLLAM 691001 BY ADV. SRI.T.R.HARIKUMAR RESPONDENTS: 1 STATE BANK OF INDIA, SME BRANCH, 1ST FLOOR, STATE BANK BUILDINGS, NEW RAILWAY STATION, KOLLAM 691001, REP.RESENTED BY ITS ASSISTANT GENERAL MANAGER 2 STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH, ERNAKULAM, 7TH FLOOR, VANAKARATH TOWERS, PALARIVATTOM BYE PASS JUNCTION, ERNAKULAM 682024, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER 3 THE AUTHORIZED OFFICER, STATE BANK OF INIDA, STRESSED ASSETS MANAGEMENT BRANCH, ERNAKULAM, 7TH FLOOR, VANAKARATH TOWERS, PALARIVATTOM BYE PASS JUNCTION, ERNAKULAM 682024. WPC 28316/16 & con. Cases 13 4 THE ASSISTANT COMMISSIONER (ASSESSMENT) COMMERCIAL TAX OFFICE, SPECIAL CIRCLE, COMMERCIAL TAXES COMPLEX, ASRAMAM, KOLLAM 691001 5 THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM 691013 6 THE TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KOLLAM 691013 7 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE, KOLLAM 691013 8 DELSAMMA.T., W/O.KEVIN NITESH STEPHEN, GRACE, RAMANATTUKARA, KOZHIKODE DISTRICT 673633, (PRESENTLY RESIDING AT MRA 55 A, MUNDAKKAL, KOLLAM 691001) 9 KEVEN NITESH STEPHEN, GRACE, RAMANATTUKARA, KOZHIKODE DISTRICT 673633, (PRESENTLY RESIDING AT MRA 55 A, MUNDAKKAL, KOLLAM 691001) BY ADDL. AG SRI.RANJITH THAMPAN BY ADVS. SRI.GEORGE THOMAS (MEVADA) (SR.)SRI.S.SREEKUMAR (KOLLAM) SRI.AMAL GEORGE, SC, SBI SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.S.SREEKUMAR (KOLLAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2019 ALONG WITH WP(C).468/2018, WP(C).5899/2017, WP(C). 12849/2018,

WP(C).19639/2019,

WP(C).27147/2018,

WP(C). 28316/2016,

WP(C).31945/2017,

WP(C).34002/2018,

WP(C). 34380/2018, WP(C).37543/2017, WP(C).37552/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28316/16 & con. Cases 14 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 WP(C).No.31945 of 2017 PETITIONER: SMT.DELSAMMA T.,AGED 52 YEARS, W/O.STEPHEN C., RESIDING AT 'GRACE', PARIHARAPURAM P.O.,RAMANATTUKARA, KOZHIKODE-673633. BY ADVS.SRI.R.RAJESH(PULLIKADA) SRI.K.VIJAYAN (V 726) RESPONDENTS: 1 TAHASILDAR (RR), TALUK OFFICE, KOLLAM-691001. 2 VILLAGE OFFICER, MUNDAKKAL VILLAGE KOLLAM-691001. 3 THE SUB-

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