Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY,THE 09TH DAY OF JANUARY 2019 / 19TH POUSHA, 1940
WP(C).No. 28497 of 2018
PETITIONER:
ANIL SEBASTIAN PULICKEL
AGED 27 YEARS,
32/1060, PIPE LINE ROAD,
PALARIVATTOM, KOCHI, KERALA- 682 025.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SMT.KARTHIKA
SMT.MARIA ROY
SRI.VIJAY V. PAUL
RESPONDENTS:
1
UNION OF INDIA
REPRESENTED BY THE JOINT SECRETARY (REVENUE),
MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE, ROOM NO 46,
NORTH BLOCK, NEW DELHI- 110 001.
2
STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
(REVENUE AND DISASTER MANAGEMENT),
DISASTER MANAGEMENT (A) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
3
THE CHIEF COMMISSIONER OF CUSTOMS,
CENTRAL GST AND CENTRAL EXCISE,
(THIRUVANANTHAPURAM ZONE),CENTRAL EXCISE AND CUSTOMS,
C.R. BUILDINGS, I.S. PRESS ROAD, COCHIN – 682 018.
WP(C).No. 28497 of 2018
2
4
THE COMMISSIONER,
LAND REVENUE,COMMISSIONERATE OF LAND REVENUE,
GOVERNMENT OF KERALA, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM – 695 001.
5
THE MEMBER SECRETARY,
KERALA STATE DISASTER MANAGEMENT AUTHORITY,
OBSERVATORY HILLS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM – 695 033.
6
DISTRICT COLLECTOR,
THIRUVANANTHAPURAM, DISTRICT COLLECTORATE,
2ND FLOOR, CIVIL STATION BUILDING,
CIVIL STATION ROAD, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, KERALA – 695 043.
7
DISTRICT COLLECTOR,
ERNAKULAM, DISTRICT COLLECTORATE, 1ST FLOOR,
CIVIL STATION, KAKKANAD,
ERNAKULAM, KERALA – 682 030.
8
DISTRICT COLLECTOR,
CALICUT, DISTRICT COLLECTOR OFFICE,
KOZHIKODE COLLECTORATE, CIVIL STATION P.O.,
KOZHIKODE, KERALA – 673 020.
9
ADDL.R9: THE KERALA HIGH COURT ADVOCATES'
ASSOCIATION, 1ST FLOOR, HIGH CT RD, BUILDING,
MARINE DRIVE, ERNAKULAM, KERALA-682 014,
REPRESENTED BY ITS SECRETARY.
(ADDL.R9 IS IMPLEADED AS PER ORDER DATED 05/10/2018
IN IA.02/2018)
BY ADVS.
R1 & R3 BY SRI.RAMAVARMA REGHUNATHAN THAMBURAN, SC
R2 & R4 TO R8 BY SRI.P.NARAYANAN, SR. GOVT. PLEADER
SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL
R9 BY ADV.SRI.M.S.IMTHIYAZ AHAMMED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28497 of 2018
3
JUDGMENT A.K.Jayasankaran Nambiar, J. It is stated that pursuant to the interim order, the goods have been cleared and the assessment can be done. Taking note of the said submission, the writ petition is now closed by making the interim order absolute. Hrishikesh Roy,
WP(C).No. 28497 of 2018 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A COPY OF NOTIFICATION NO. 59/2018-CUSTOMS DATED 21/08/2018 ISSUED BY 1ST RESPONDENT. EXHIBIT P2 A COPY OF G.O.(RT) NO.458/2018/DMD DATED 22/08/2018 ISSUED BY 2ND RESPONDENT. EXHIBIT P3 A CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR OF CALICUT ON 21/08/2018 TO THE DEPUTY COMMISSIONER, CUSTOMS AND CENTRAL EXCISE, THIRUVANANTHAPURAM. EXHIBIT P4 A COPY OF A NEWSPAPER REPORT DATED 17/08/2018 PUBLISHED IN TE INDIAN EXPRESS. EXHIBIT P5 A COPY OF A NEWSPAPER REPORT DATED 27/08/2018 PUBLISHED IN THE NEW INDIAN EXPRESS. EXHIBIT P6 COPY OF THE NOTIFICATION NO. 148/94-CUSTOMS DATED 13/07/1994 ISSUED BY THE CENTRAL GOVERNMENT. EXHIBIT P7 COPY OF THE AIRWAY BILL DATED 30TH AUGUST, 2018 IN FAVOUR OF THE KERALA HIGH COURT ADVOCATES ASSOCIATION BY UNIVERSAL HOSPITAL, LLC, ABU DHABI. EXHIBIT P8 COPY OF THE FACE BOOK POST OF DISTRICT COLLECTOR OF THIRUVANANTHAPURAM DATED 29TH AUGUST, 2018. RESPONDENTS' EXHIBITS: EXHIBIT R9(1) COPY OF THE G.O.(RT)NO.474/2018/DMD DTD 4.9.2018 EXHIBIT R9(2) COPY OF THE APPLICATION DATED 6.9.2018 SUBMITTED BY THE PETIITONER ASSOCIATION TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM WITH ENCLOSURES. EXHIBIT R9(3) COPY OF THE APPLICATION DATED 25.9.2018 SUBMITTED BY THE PETIITONER ASSOCIATION TO THE DISTRICT COLLECTOR, ERNAKULAM. // P.A. TO JUDGE