Review petitioner challenged a writ judgment stating the petitioner did not file an appeal as alleged. The court recalled the original judgment allowing the review due to apparent error in the writ petition which was carried forward.
Judgment dated 16/06/2016 in W.P.C.No.20561/2016 recalled by allowing the review petition.
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 A.M.SHAFFIQUE
TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938
RP.No. 597 of 2016
AGAINST THE JUDGMENT IN W.P(C).NO.20561/2016, DATED 16-06-2016
REVIEW PETITIONER(S)/PETITIONER IN THE WRIT PETITION :
P.K.SABU,
SON OF PEERUKANNU, AGED 42 YEARS, RESIDING AT TC 41/1594, KALIPANGKULAM, MANACAUD, THIRUVANANTHAPURAM 695 009.
BY ADV. SMT.REKHA VASUDEVAN
RESPONDENT(S)/RESPONDENTS IN THE WRIT PETITION :
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KARAMANA, THIRUVANANTHAPURAM 695 002.
3. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121.
4. THE INTELLIGENCE OFFICER, COMMERCIAL TAXES, SQUAD NO.VI, NEDUMANGAD, THIRUVANANTHAPURAM 695 541.
BY GOVERNMENT PLEADER SMT.LILLY K.T
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
RP.No. 597 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE I: TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** Review Petition No.597 of 2016 in W.P.C.No.20561 of 2016
Dated this the 19th day of July 2016
O R D E R
It is submitted by the review petitioner that the petitioner had not filed an appeal as stated in the writ petition. W.P.C.No.20561 of 2016 was disposed of directing the authority to consider the stay petition along with the appeal. Since the appeal was not filed, there is an apparent error in the writ petition which has been carried forward in the judgment.
Taking into consideration the aforesaid facts, the judgment dated 16/06/2016 in W.P.C.No.20561 of 2016 is recalled by allowing the review petition.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
1 issue framed by the court
Whether the writ judgment should be recalled due to apparent error regarding the non-filing of an appeal.
1 provisions across 1 enactments
P.K. Sabu
State of Kerala
A.M. Shaifiqu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
