Sigrun Periyar Theeram vs. State Tax Officer (Wc), SGST Department

WP(C)/27002/2019HC KeralaGSTCNR KLHC01070049201924 October 2019Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR3 pages
For Petitioner: SRI.RAJESH NAMBIAR, SRI.N.R.SAJFor Respondent: THUSHARA JAMES, GP
AI SummaryDismissed

Held

The Court accepted the submission made by the learned counsel for the petitioner that the matter had become infructuous. Consequently, the Court dismissed the writ petition as infructuous. No specific findings on the merits of any GST-related dispute were made, as the dismissal was based on the procedural development of the case becoming moot. The ratio decidendi is that a writ petition that has become infructuous will be dismissed without delving into the substantive issues.

Facts

The petitioner, Sigrun Periyar Theeram, represented by its authorized signatory, filed a writ petition before the High Court of Kerala. The respondents were the State Tax Officer (WC) and the State Assistant Commissioner, both from the SGST Department, Ernakulam. The writ petition was filed challenging an order or action by these authorities. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed.

Key Issues

The Court had to decide whether the writ petition should be entertained. The petitioner's counsel submitted that the matter had become infructuous. The respondents' arguments are not recorded in the judgment. The core issue was the maintainability of the writ petition in light of the submission that it had become infructuous.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941 WP(C).No.27002 OF 2019(A) PETITIONER: SIGRUN PERIYAR THEERAM XII/27, EAST DESOM, ALUVA - 683103, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SMT. SUMITHA MATHEW BY ADVS. SRI.RAJESH NAMBIAR SRI.N.R.SAJ RESPONDENTS: 1 STATE TAX OFFICER (WC), SGST DEPARTMENT ERNAKULAM - 682030. 2 STATE ASSISTANT COMMISSIONER SGST DEPARTMENT, ERNAKULAM AT CIVIL STATION, KAKKANAD - 682030. OTHER PRESENT: THUSHARA JAMES, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.27002 OF 2019 2

JUDGMENT The learned counsel for the petitioner submits that the matter has become infructuous. Accordingly, the writ petition is dismissed as infructuous. A.K.JAYASANKARAN NAMBIAR SJ JUDGE

WP(C).No.27002 OF 2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF REVENUE RECOVERY NOTICE DATED 17.09.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2OF THE APPLICATION DATED 9.10.2019 FOR IS

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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.