The Court granted the petitioner's request to withdraw two concurrent writ petitions with liberty to file a fresh petition if a fresh cause of action accrues, dismissing the petitions as withdrawn.
Permission granted to withdraw the writ petitions with liberty to file fresh ones.
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 DAMA SESHADRI NAIDU
THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940
WP(C).No. 19992 of 2017
PETITIONER/S:
CLASSIC GRANITES 12/576 MODERN BAZAR,NALLALLAM PO.,KOZHIKODE KERALA PIN673027
BY ADVS. SRI.ANIL D. NAIR KUM.MEKHALA M.BENNY SMT.R.DEVIKA (ALAPPUZHA) SRI.M.BALAGOPAL SRI.P.JINISH PAUL SRI.R.SREEJITH
RESPONDENT/S:
DEPUTY COMMISSIONER CUSTOMS (REFUNDS) WILLINGDON ISLAND KOCHI-682009
BY ADVS.
SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS SRI.P.R.SREEJITH SC CENTRAL BOARD OF EXCISE AND CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.11.2018, ALONG WITH WP(C).20043/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) Nos.19992 & 20043/2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940
WP(C).No. 20043 of 2017
PETITIONER/S:
RECKON MARKETING IV-107-H, I,J,K, KUTTIPALA,,KUTTIPALA P.O., MALAPPURAM, KERALA PIN-676501.REP. BY MANAGING PARTNER.
BY ADVS. SRI.ANIL D. NAIR KUM.MEKHALA M.BENNY SMT.R.DEVIKA (ALAPPUZHA) SRI.M.BALAGOPAL SRI.P.JINISH PAUL SRI.R.SREEJITH
RESPONDENT/S:
DEPUTY COMMISSIONER CUSTOMS (REFUNDS) WILLINGDON ISLANDKOCHI-682009.
BY ADVS.
SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS SRI.P.R.SREEJITH SC CENTRAL BOARD OF EXCISE AND CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.11.2018, ALONG WITH WP(C).19992/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.19992 & 20043/2017
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J U D G M E N T
[ WP(C) 19992/2017 ,WP(C).20043/2017 ]
The learned Counsel for the petitioner in both cases seeks
leave of this Court to withdraw the writ petition with liberty to
file fresh one.
Permission granted. The writ petition is dismissed as
withdrawn. If the cause of action survives or fresh cause of action
accrues, the petitioner can prosecute the issue further.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
jjj
W.P.(C) Nos.19992 & 20043/2017
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APPENDIX OF WP(C) 19992/2017
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1: | TRUE COPY OF THE INVOICE DATED 13.03.2016 |
|---|---|
| EXHIBIT P2: | TRUE COPY OF THE INVOCIE DATED 15.03.2016 |
| EXHIBIT P3: | BILL OF ENTRY NO.4729962 DATED 29.03.2016 |
| EXHIBIT P4: | BILL OF ENTRY NO.4729963 DATED 29.03.2016 |
| EXHIBIT P5: | DUTY PAID CHALLAN DATED 29.03.2016 FOR BILL OF ENTRY NO.4729962 DATED 29.03.2016 |
| EXHIBIT P6: | DUTY PAID CHALLAN DATED 29.03.2016 FOR BILL OF ENTY NO.4729962 DATED 29.03.2016 |
| EXHIBIT P7: | TRUE COPY OF LETTER DATED 01.04.2016 SENT BY THE PETITIONER |
| EXHIBIT P8: | TRUE COPY OF THE JUDGMENT DATED 06.04.2016 IN WP CNO.13082/2016 |
| EXHIBIT P9: | TRUE COPY OF THE NOTIFICATION NO.12/2016 CUSTOMS (ADD) DATED 29.3.2016 |
| EXHIBIT P10: | TRUE COPY OF LETTER DATED 21.4.2016 TO THE CENTRAL PUBLIC INFORMATION OFFICER, DEPT OF PUBLICATION NEW DELHI |
| EXHIBIT P11: | TRUE COPY OF THE LETTER DATED 13TH MAY 2016 TRANSFERRING EXHIBIT P10 TO GOVT. OF INDIA PRESS |
| EXHIBIT P12: | TRUE COPY OF THE LETTER DATD 23.5.2016 IN REPLY TO THE QUERIES UNDER THE RTI ACT |
| EXHIBIT P13: | TRUE COPY OF THE APPLICATION DATED 11.4.2017 |
| EXHIBIT P14: | TRUE COPY OF THE ORDER DATED 12.5.2017 |
W.P.(C) Nos.19992 & 20043/2017
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APPENDIX OF WP(C) 20043/2017
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INVOICE DATED 05.03.2016. EXHIBIT P2 BILL OF ENTRY NO.4739088 DATED 29.03.2016. EXHIBIT P3 DUTY PAID CHALLAN DATED 30.03.2016 FOR BILL OF ENTRY NO.4939088 DATED 29.03.2016. EXHIBIT P4 TRUE COPY OF LETTER DATED 01.04.2016 SENT BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION NO.12-2016 CUSTOMS (ADD)DATED 29.3.2016.
EXHIBIT P6 TRUE COPY OF LETTER DATED 21.4.2016 TO THE CENTRAL PUBLIC INFORMATION OFFICER, DEPT.OF PUBLICATION, NEW DELHI. EXHIBIT P7 TRUE COPY OF LETTER DATED 13TH MAY, 2016 TRANSFERRING EXHIBIT P6 TO GOVT.OF INDIA PRESS. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 23.5.2016 IN REPLY TO THE QUEIRES UNDER THE RTI ACT. EXHIBIT P9 TRUE COPY OF APPLICATION DATED 11.04.2017. EXHIBIT P10 TRUE COPY OF ORDER DATED 09.05.2017
1 issue framed by the court
Whether permission to withdraw the writ petition with liberty to file a fresh one should be granted.
CLASSIC GRANITES
RECKON MARKETING
DEPUTY COMMISSIONER CUSTOMS (REFUNDS) WILLINGDON ISLAND KOCHI
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
