Allowed

Commercial Tax Officer v. Najeeb, S/O.Mammu Haji

Kerala HC23 Jul 2015RP/619/2015

Case brief

AI extract

What is this about?

This order allowed the State's review petition challenging a previous judgment that was issued after a property auction occurred. The court restored the writ petition and ordered a status quo for ten days, directing the petitioner to implead the auction purchaser.

What did the court decide?

Review petition allowed; writ petition restored to file; status quo maintained for ten days; petitioner directed to implead auction purchaser.

Commercial Tax Officer Vs Najeeb… — Constitutional and Fundamental Rights | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937

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RP.No. 619 of 2015 (I)

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JUDGMENT IN WP(C) 17485/2015.

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REVIEW PETITIONER(S)/RESPONDENTS 1 TO 3 IN THE WPC:

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1. COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, KOYILANDI - 673620.

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2. THE DEPUTY COMMISSIONER(APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE-673001.

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3. THE TAHSILDAR(REVENUE RECOVERY), VADAKARA, KOZHIKODE-673001.

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BY SENIOR GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN

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RESPONDENT(S)/PETITIONER AND 4TH RESPONDENT IN THE WPC:

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1. NAJEEB, S/O.MAMMU HAJI, THEYYATHANKANDY HOUSE, AVADUKKA, KOZHIKODE-673528.

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2. T.K.SHAJIM, S/O.MUHAMMED, ALFA - THAZHEKUNNIYIL HOUSE, KAKKANCHERRY POST, KOZHIKODE - 673620.

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BY SRI.K.I.MAYANKUTTY MATHER

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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RP.No. 619 of 2015 (I)

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE R3(A) : THE TRUE COPY OF THE NOTICE DATED 27.4.2015. ANNEXURE R3(B) : THE TRUE COPY OF THE SALE REPORT DATED 10.6.2015 BY THE DEPUTY TAHSILDAR, VADAKARA.

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RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.MUHAMED MUSTAQUE, J.

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------------------------------------ R.P.No.619 of 2015 in W.P.(C).No.17485 of 2015

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Dated this the 23^rd day of July, 2015

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O R D E R

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This review petition is filed by the State seeking review of the judgment dated 11.06.2015 in W.P.(C).No.17485/2015 on the ground that, the property was auctioned on 10.06.2015 before the date of judgment and without considering the same, this Court directed to defer the revenue recovery proceedings till the remedy before the appellate authority is exhausted.

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In view of the fact that the sale has been taken place before the judgment, it is necessary to review the judgment.

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Accordingly, this review petition is allowed. The writ petition is restored to file. Status quo as on today shall be maintained for a period of ten days. The petitioner shall implead the auction purchaser on record.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Commercial Tax Officer v. Najeeb, S/O.Mammu Haji

Case brief

What is this about?

What did the court decide?

Commercial Tax Officer v. Najeeb, S/O.Mammu Haji

Case brief

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What the court decided

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