N.C.Varghese vs. The State Farming Corporation Of Kerala LTD.

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WA/245/2018HC KeralaGSTCNR KLHC01030142201829 January 2018Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE ASHOK MENON2 pages

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Heard together (2 matters)

WA.No. 245 of 2018
WP(C) 236/2018

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 29TH DAY OF JANUARY 2018 / 9TH MAGHA, 1939 WA.No. 245 of 2018 IN WPC. 236/2018 AGAINST THE ORDER/JUDGMENT IN WP(C) 236/2018 of HIGH COURT OF KERALA DATED 11-01-2018 APPELLANT(S/PETITIONER N.C.VARGHESE AGED 69 YEARS, S/O. N.K CHACKO, NETTIKKADAN HOUSE, MELOOR P.O., PIN - 680 311, THRISSUR DISTRICT. BY ADV.SRI.T.O.XAVIER RESPONDENT(S):/RESPONDENTS 1. THE STATE FARMING CORPORATION OF KERALA LTD. FARM HOUSE, VETTITHITTA P.O, PIN - 689 696, PUNALOOR,KOLLAM DISTRICT. 2. STATE OF KERALA TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, REPRESENTED BY ITS SECRETARY 3. UNION OF INDIA GST COUNCIL SECRETARIAT 5TH FLOOR, TOWER-II, JEEVAN BHARATHI BUILDING, JANPATH ROAD, CONNAUGHT PLACE, NEW DELHI- 110 001, REPRESENTED BY ITS SECRETARY. R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA R2 BY SRI.MOHAMMED RAFEEQ, SR.GOVERNMENT PLEADER R1 BY SRI.DENIZEN KOMATH, SC, STATE FARMING CORPORATION OF KERALA LIMITED THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jg-1/2 K.VINOD CHANDRAN & ASHOK MENON, JJ. ------------------------------------------- W.A.No.245 of 2018 ------------------------------------------- Dated this the 29th day of January, 2018

J U D G M E N T Vinod Chandran, J. After hearing the matter for some time, the learned counsel for the writ petitioner, who has filed the appeal, seeks permission of the Court to withdraw the Writ Petition without prejudice to his right to approach the Advance Ruling Authority. The prayer is reasonable and hence, we allow this Writ Appeal vacating the impugned judgment in the Writ Petition. Accordingly, WP(C) No.236 of 2018 is dismissed as withdrawn leaving the remedy of the petitioner to approach appropriate Advance Ruling Authority.

K.VINOD CHANDRAN JUDGE

ASHOK MENON JUDGE jg

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