Disposing of a writ petition, the High Court directed the respondent to consider the petitioner's application for exemption from the Chits Funds Act within three months, after providing a hearing opportunity.
Direction to consider the application for exemption within three months.
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 SHAJI P.CHALY
FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939
WP(C).No. 1442 of 2018
PETITIONER(S)
ST. THOMAS CATHEDRAL KURIES, IRINJALAKUDA, REP. BY ITS VICAR, REV.FR.ANTU ALAPPADAN, AGED 50 YEARS, S/O.ANTHONY, ST.THOMAS CATHEDRAL, IRINJALAKUDA, THRISSUR DISTRICT.
BY ADV.SRI.V.M.KRISHNAKUMAR
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
BY GOVERNMENT PLEADER SMT.VINITHA B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 1442 of 2018 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE LIST OF KURIES THAT IS EVEN NOW RUNNING BY THE PETITIONER. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE NOTICE RELATING TO HALF YEARLY KURIES PAYABLE ON 16-01-2018. |
| EXHIBIT P3 |
TRUE COPY OF INCOME & EXPENDITURE ACCOUNT OF THE PETITIONER FOR THE YEAR ENDING 31ST MARCH 2011. |
| EXHIBIT P4 |
TRUE COPY OF INCOME & EXPENDITURE ACCOUNT OF THE PETITIONER FOR THE YEAR ENDING 31ST MARCH 2017. |
| EXHIBIT P5 |
TRUE COPY OF THE BALANCE SHEET OF THE PETITIONER FOR THE YEAR ENDING ON 31-03-2017. |
| EXHIBIT P6 |
TRUE COPY OF THE APPLICATION IN PRESCRIBED FORMAT FILED BY THE PETITIONER IN JUNE 2013. |
| EXHIBIT P7 |
TRUE COPY OF APPLICATION DATED 29-08-2016 BEFORE THE HON'BLE FINANCE MINISTER WITHOUT ENCLOSURE. |
| EXHIBIT P8 |
TRUE COPY OF GOVERNMENT ORDER G.O.(RT)NO.768/2016/TD DATED 01-10-2016. |
| EXHIBIT P9 |
TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT)NO.817/2017/TAXES DATED 06-10-2017. |
| EXHIBIT P10 |
TRUE COPY OF THE REPRESENTATION FILED BY ONNUKURE AYIRAM YOGAM KODUNGALLUR TO THE SECRETARY, TAXES DEPARTMENT DATED 16-10-2014. |
| EXHIBIT P11 |
TRUE COPY OF THE GOVERNMENT ORDER DATED 07-09-2015. |
| EXHIBIT P12 |
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20-11-2017. |
| RESPONDENT(S)' -------------- |
EXHIBITS -NIL --------------- |
/TRUE COPY/
PS TO JUDGE
TS
SHAJI P. CHALY, J.
WP(C) No.1442 of 2018
Dated this the 2nd day of February, 2018
JUDGMENT
The petitioner is a Kuri Company conducting Chitties/Kuries
for the past more than 170 years. The petitioner has sought exemption from certain of the provisions of the Chits Funds Act, 1982, evident from Ext.P12. The same is pending consideration before the respondent. The petitioner seeks consideration of Ext.P12 on an early basis.
WP(C) No.1442 of 2018
2
of a certified copy of this judgment, after providing an opportunity of hearing to the petitioner or any other interested persons.
The above writ petition is disposed of.
Sd/-
SHAJI P. CHALY,
JUDGE.
sp/02/02/18
//True Copy//
P.A. To Judge
1 issue framed by the court
Whether the respondent should be directed to consider the petitioner's application for exemption under the Chits Funds Act, 1982.
St. Thomas Cathedral Kuries, Irinjalakuda
State of Kerala
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
