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K.Rajasekhar Vs State of Kerala — Writ and Judicial Review | Kerala HC (2007)

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Kerala HC
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K.Rajasekhar Vs State of KeralaK.Rajasekhar v. State of Kerala

Allowed

K.Rajasekhar v. State of Kerala

Kerala HC14 Aug 2007RP/766/2007

Case brief

AI extract

What is this about?

Review petition allowing recall of judgment where petitioner disowned goods and transporter filed writ without authorization.

What did the court decide?

Review allowed; previous judgment recalled.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

TUESDAY, THE 14TH AUGUST 2007 / 23RD SRAVANA 1929

RP.No. 766 of 2007(N)

--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.21972/2007 Dated 17/07/2007

PETITIONER

K.RAJASEKHAR, AGED 45, S/O.RUKMANDHARA RAO, PLOT NO. 93, VETARNARY COLONY, NEAR RING ROAD, VIJAYAWADA.

BY ADV. SRI.RENJITH B.MARAR

RESPONDENTS: RESPONDENTS:

THE STATE OF KERALA, REPRESENTED BY THE SECRETARY (TAXES), THIRUVANANTHAPURAM.

Parties & counsel

AI extract

petitioner
KRAJASEKHAR
respondent
THE STATE OF KERALA

Coram

AI extract

C.N.RAMACHANDRAN NAIR

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 14 Aug 2007 · August
Registered: 7 Aug 2007
Case no.: RP/766/2007

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Cite this judgement

K.Rajasekhar v. State of Kerala, RP/766/2007 (KL), decided on 14 August 2007.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

C.N.RAMACHANDRAN NAIR

Parties & counsel

Outcome

Review allowed; previous judgment recalled.

Detailed headnote1 paragraphs

Review application allowed recalling earlier judgment. It was held that the transporter had filed the writ petition without authorization from the consignor, who had disowned the goods under transport. Court relied on the petitioner's statement regarding lack of authorization.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

THE SALES TAX INSPECTOR, SALES CHECK POST, KALYAN, PALAKKADU.

BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.N.RAMACHANDRAN NAIR, J.

.................................................................... R.P. No.766 of 2007 in W.P.(C) No.21972 of 2007

.................................................................... Dated this the 14th day of August, 2007.

ORDER

Heard counsel for review petitioner and Government Pleader. Government Pleader submitted that petitioner has given statement that they have not authorised anybody to file W.P. and they have even disowned the goods under transport. Obviously the transporter has filed the W.P. without authorisation from the consignor. In the circumstances, review is allowed recalling the judgment.

C.N.RAMACHANDRAN NAIR Judge

pms

CNR

KLHC010326992007

Topic

Writ and Judicial Review

Bench

C.n.ramachandran Nair

Disposal

ALLOWED

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