Court dismissed the review petition filed against the writ appeal judgment, holding that no error was apparent on the face of the record and further directions were not warranted as the merit of the pending appeal remained outside the review scope.
Review petition dismissed; no further directions issued regarding the demand or attachment.
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 THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936
RP.No. 194 of 2015
WA 582/2014, DATED 08-04-2014
REVIEW PETITIONER(S)/APPELLANT:
DR.K.K.BABU MYLATTUPARA VEEDU, AYIRANALLOOR P.O., EDAMON PUNALUR, KOLLAM-691307.
BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN
RESPONDENT(S)/RESPONDENTS :
1. THE DEPUTY COMMISSONER (APPEALS) COMMERCIAL TAXES, KOLLAM-691 013.
2. THE COMMERCIAL TAX OFFICER COMMERCIAL TAX DEPARTMENT, ANCHAL, KOLLAM-691 306.
3. THE DEPUTY TAHSILDAR (R.R.) TALUK OFFICE, PATHANAPURAM-689 695.
4. THE DEPUTY DRUGS CONTROLLER (AYURVEDA) LICENSING AUTHORITY, THIRUVANANTHAPURAM-695 001.
5. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT SALES TAX DEPARTMENT (TAXES), SECRETARIAT THIRUVANANTHAPURAM-695 001.
BY SENIOR GOVERNMENT PLEADER SRI.S.SUDHEESH KUMAR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
*** * * * * * * * * * * * *** R.P.No.194 of 2015 in W.A.No.582 of 2014
Dated this the 19th day of March 2015
O R D E R
Shaffique,J
This review petition is filed by the appellant against the judgment dated 08/04/2014 in W.A.No.582/2014.
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R.P.No.194/2015 in W.A.No.582/2014 3
recovery proceedings in abeyance. Since there is no error apparent on the face of the records with reference to the judgment, we do not think that any further direction could be issued on the grounds mentioned in the review petition. That the petitioner has a valid case in the appeal are not matters which are germane for consideration at this stage of the proceedings.
With the above observation, this review petition is dismissed.
(sd/-)
(ASHOK BHUSHAN, ACTING CHIEF JUSTICE)
(sd/-) (A.M.SHAFFIQUE, JUDGE)
jsr
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R.P.No.194/2015 in W.A.No.582/2014 5
R.P.No.194/2015 in W.A.No.582/2014 6
2 issues framed by the court
Whether the grounds for review petition are made out warranting interference with the judgment of the learned Single Judge.
Whether further directions should be issued in light of the petitioner's inability to raise amounts and pending appeal.
Dr. K.K. Babu Mylattupara Veedu
The Deputy Commissioner (Appeals) Commercial Taxes, Kollam
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
