The High Court of Kerala dismissed the writ petition as infructuous due to the expiry of limitation, granting liberty to file a fresh petition if a fresh cause of action arises.
Dismissal of the writ petition as infructuous with liberty to file a fresh petition if a fresh cause of action arises.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE B.P.RAY
FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 25282 of 2003(I)
-----------------------------------
PETITIONER : -
----------------------
1. M/S. HINDUSTANY CYLINDER COMPANY (P) LTD., REPRESENTED BY ITS GENERAL MANAGER R. HARI, KODAVILAKAM, PARASSALA, TRIVANDRUM
BY ADVS. SRI.VAKKOM N.VIJAYAN
SMT.REEJA HARI SMT.VINITHA PRASANNAN SMT.RAGAM.K.P.
RESPONDENTS : -
-------------------------
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, TRIVANDRUM.
2. THE SECRETARY, BOARD OF INDUSTRIAL AND FINANCIAL RECONSTRUCTION, NEW DELHI.
3. THE UNION OF INDIA,
4. COMMISSIONER OF INCOME TAX,
5. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUNDS, BHAVISHYANIDHI BHAVAN, PATTOM PALACE P.O., TRIVANDRUM - 4.
WP(C).No. 25282 of 2003(I)
6. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SPECIAL OFFICER (REVENUE), VAIDHYUTHI BHAVAN, PATTOM, TRIVANDRUM.
7. THE MANAGER, CANARA BANK, CANTONMENT BRANCH, TRIVANDRUM.
8. THE SECRETARY, GRAMA PANCHAYATH, PARASSALA, TRIVANDRUM.
9. THE ASSISTANT COMMISSIONER, ASSESSMENT, SPECIAL CIRCLE, SALES TAX OFFICE, MALLOOR ROAD, VANCHIYOOR, TRIVANDRUM.
10. THE DISTRICT COLLECTOR, TRIVANDRUM.
11. DEPUTY TAHSILDAR, REVENUE RECOVERY, NEYYATTINKARA.
*** ADDL. R12 AND R13, IMPLEADED.**
R12 : THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, TRIVANDRUM.
R13 : THE MANAGING DIRECTOR, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, TRIVANDRUM. ( ADDL. R12 & R13 ARE IMPLEADED AS PER ORDER DATED 16.03.06 IN IA NO. 3814/06).*
BY ADVS. SRI.B.RAMACHANDRAN, ADDL.CGSC FOR R2-R5 SRI.P.J.PHILIP, C.G.C FOR R2--R5 GOVERNMENT PLEADER FOR R1 SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R6 SRI.N.N. SUGUNAPALAN, SC, P.F. DR.PAULY MATHEW MURICKEN FOR R7 SRI.GEORGE K. GEORGE, SC FOR IT SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.L.MOHANAN, SC, KFC FOR ADDL.R12 SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R12 SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR ADDL.R.13 SRI.RONY J.PALLATH FOR ADDL.R.13
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DMR/-
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25282 OF 2003
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 28th day of October, 2011
JUDGMENT
It is submitted that the prayers in this writ petition has become infructuous. Therefore, this writ petition is dismissed as infructuous with liberty to file fresh petition, if any cause of action arises in future.
B.P.RAY, JUDGE
jes
M/S. HINDUSTANY CYLINDER COMPANY (P) LTD.
STATE OF KERALA
COMMISSIONER OF INCOME TAX, TRIVANDRUM
THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUNDS, TRIVANDRUM
B.P.RAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
