Appeal and writ petition closed as the underlying adjudication concluded in favour of the first party, rendering further consideration unnecessary. All contentions remain open.
Writ appeal closed; writ petition closed; all contentions left open, pending preliminary requirements.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
WA.No.509 OF 2018
AGAINST THE ORDER/JUDGMENT IN WPC 6067/2018 DATED 22-02-2018 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
STATE GST DEPARTMENT, KERALA, INTELLIGENCE SQUAD NO.1, ERNAKULAM AT EDAPPALLY - 682 024.
5 UNION OF INDIA REPRESENTED BY REVENUE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI 110 001.
BY SENIOR GOVT. PLEADER SRI.MOHAMMED RAFIQ
RESPONDENT/PETITIONER:
IBRAHIM K.K., S/O. K.E.KASIM, AGED 59 YEARS, PROPRIETOR, KAROTHUKUZHY PLASTICS, KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR, RESIDING AT KOROTHUKUDI HOUSE, PALLIPURAM, MUDICKAL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT 683547.
R1 BY ADV. SRI.K.M.FIROZ R1 BY ADV. DR.K.B.MUHAMED KUTTY SR. R1 BY ADV. SMT.M.SHAJNA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.06.2020, ALONG WITH WP(C) NO.6067/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WA No.509/2018 & WP(C) No.6067/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
WP(C).No.6067 OF 2018(G)
PETITIONER:
IBRAHIM K.K, S/O.K.E.KASIM, AGED 59, PROPRIETOR, KAROTHUKUZHY PLASTICS, KANDANTHARA, ALLAPRA.P.O, PERUMBAVOOR, RESIDING AT KOROTHUKUDI HOUSE, PALLIPURAM, MUDIKAL.P.O, PERUMBAVOOR, ERNAKULAM DIST.
BY ADVS.
SRI.K.M.FIROZ SRI.E.C.AHAMED FAZIL SMT.M.SHAJNA SMT.UMMUL FIDA
RESPONDENTS:
STATE GST DEPARTMENT, KERALA, INTELLIGENCE SQUAD NO.I, ERNAKULAM AT EDAPPALLY - 682024.
R5 BY ADV. SRI.JAISHANKAR V.NAIR, CGC SENIOR GP SRI.MOHAMMED RAFIQ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2020, ALONG WITH WA NO.509/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.509/2018 & WP(C) No.6067/2018
3
J U D G M E N T
Vinod Chandran, J.
At this point, the appeal does not survive for consideration since as per the interim order in the appeal, goods were released to the writ petitioner/respondent and as of now the adjudication is also said to have been completed. Writ Appeal is closed.
The writ petition also does not survive, since the adjudication had gone in favour of the appellant. In the said circumstance, the writ petition also stands closed leaving all the contentions open.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
T.R.RAVI
JUDGE
Pn 10/06
WA No.509/2018 & WP(C) No.6067/2018
4
APPENDIX OF WP(C) NO.6067 OF 2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY GOVERNMENT OF INDIA VALID FROM 1-7-2017
EXHIBIT P2 A TRUE COPY OF THE DETENTION NOTICE DATED 20.2.2018 BEARING NO.OR-I/GST/47/17-18 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT P2(A) TRUE COPY OF THE ORDER NO.OR-I/GST/47/1718 DATED 20.2.2018 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE INVOICE NO 71 DATED 20.1.2018
EXHIBIT P4 A TRUE COPY OF THE INVOICE NO.GF0084 DATED 20.2.2018
EXHIBIT P5 A TRUE COPY OF THE OBJECTION DATED 20.2.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
IBRAHIM K.K.
UNION OF INDIA
STATE OF KERALA
K.VINOD CHANDRAN
T.R.RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
