Appellants filed a writ appeal against a judgment in WP(C) 10159/2011. The initial writ petition concerned a notice for payment of balance tax. The Court permitted the appellants to withdraw the appeal in return for agreeing to pay the demanded amount.
The writ appeal was permitted to be withdrawn by the appellants upon their agreement to pay the balance amount.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935
WA.No. 1906 of 2013 () IN WP(C).10159/2011
AGAINST THE JUDGMENT IN WP(C) 10159/2011 DATED 10-10-2013
APPELLANTS/PETITIONER:
1.A.M.DIVAKARAN
MUKUND NIVAS, WEST PONNIAM.P.O., THALASSERY, KANNUR.
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENTS/RESPONDENTS:
THALASSERY, KANNUR DISTRICT. 670 624.
BY SPL. GOVERNMENT PLEADER SRI.SEBASTIAN CHEMPAPILLY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR,C.J. &
A.M.SHAFFIQUE, J.
= = = = = = = = = = = = = = = = W.A. No.1906 of 2013
= = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of March, 2014
JUDGMENT
Manjula Chellur,CJ
Appellant approached learned Single Judge questioning Ext.P1 notice issued for rectification of mistake on the part of the assessing authority. Exts. P5,P7 and P9 are orders passed in appeal and revision. As a matter of fact Ext.P9 is the order dated 03.03.2011 which was the subject matter of revision before the District Collector, Kannur. Based on this order, Ext.P1 dated 4.12.2002 was served demanding the balance amount to be paid. The assessee alone challenged Ext.P9 order which resulted in Ext.P1 and the Revenue did not challenge the same.
In the light of said circumstance, we permit the appellant to withdraw the writ appeal, since he agrees to pay balance amount as demanded at Ext.P1 notice dated 4.12.2002.
MANJULA CHELLUR, CHIEF JUSTICE
A.M.SHAFFIQUE, JUDGE.
sj 11/03
A.M. Divakaran & Ors.
District Collector Civil Station, Kannur District
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
