The High Court of Kerala, in a writ petition challenging Ext.P7, observed that the disputed order is revisable under Section 397 CrPC. Consequently, the petition was closed without prejudice to the petitioners' right to approach the appropriate Income Tax authority.
Nil
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941
WP(C).No.21582 OF 2019(W)
PETITIONERS:
1 ABDUL KAREEM, AGED 55 YEARS S/O. SUALIMAN, ANDIYAKATH HOUSE, PUTHENKAVU, PANANGAD P.O, THRISSUR.
2 SAINABHA, W/O. ABDUL KAREEM, ANDIYAKATH HOUSE, PUTHENKAVU, PANANGAD P.O, THRISSUR.
BY ADV. SRI.K.I.SAGEER
RESPONDENTS:
W.P.(C) No.21582 of 2019
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6 K.P. RAJESH, S/O. RAMAKRISHNAN, KAITHAKKATTIL HOUSE, S.N. PURAM VILLAGE, PANANGAD P.O, KODUNGALLUR TALUK,-680665.
BY GOVERNMENT PLEADER SMT. VINITHA R5-6 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN R5-6 BY ADV. SRI.K.S.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.21582 of 2019
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W.P.(C) No.21582 of 2019
JUDGMENT
Essentially, the writ petition is one challenging Ext.P7 order. Ext.P7 is revisable under Section 397 of the Code of Criminal Procedure. In the light of the said alternative remedy available to the petitioners, the writ petition is closed without prejudice to the right of the petitioners to avail the alternative remedy for redressal of the grievance voiced in the writ petition.
Sd/P.B.SURESH KUMAR JUDGE
ds 05.12.2019
W.P.(C) No.21582 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER NO.44576/01/L.DIS/B1 DATED 22.09.2001 ISSUED BY THE 1ST RESPONDENT WITH TYPED COPY.
EXHIBIT P2 A TRUE COPY OF THE ORDER IN MC NO.17/2015 DATED 26.02.2015 ISSUED BY THE 3RD RESPONDENT WITH TYPED COPY. EXHIBIT P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN MC NO.17/2015 PENDING BEFORE THE 2ND RESPONDENT DATED 10.04.2015. EXHIBIT P4 A TRUE COPY OF THE REPORT NO.MC17/2015 DATED 14.02.2017 OF THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 18.09.2017 IN WP(C) NO.29587/2017 OF THIS HON'BLE COURT. EXHIBIT P6 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN MC NO.17/2015 DATED 02.08.2017. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 16.05.2018 IN MC NO. 17/2018 ON THE FILE OF THE SUB DIVISIONAL MAGISTRATE, THRISSUR, WITH TYPED COPY.
EXHIBIT P8 A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONERS DATED 17.1.2018. EXHIBIT P9 A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED DATED 14.03.2018. EXHIBIT P10 A TRUE COPY OF THE NOTICE AND PEREMPTORY ORDER IN FORM NO.21 ISSUED BY THE 2ND RESPONDENT DATED 27.05.2019.
Abdul Kareem and Sainabha
District Collector, Thrissur District
Sub Divisional Magistrate, Thrissur
Village Officer, S.N.Puram
Sree Narayana Grama Panchayath
Bheeshmar
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
