Appellants sought to quash government orders banning single-use items. The appellants sought to withdraw the writ appeal. The court dispensed with arguments and dismissed the appeal as withdrawn.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
WA.No.688 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 35451/2019(F) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 M.S.M.MUSTHAFA
AGED 59 YEARS
PRESIDENT, ALL KERALA PLASTIC DEALERS ASSOCIATION, C/O.KERALA MERCHANTS CHAMBER OF COMMERCE, 1ST FLOOR, ALLIANCE RESIDENCY, MARINE DRIVE, ERNAKULAM, KOCHI-682031
2 ROY.K.P., PRESIDENT, ERNAKULAM GENERAL MERCHANTS ASSOCIATION, MERCHANTS BUILDING, BROADWAY, ERNAKULAM, KOCHI-682031
5 ABDUL RAHIM, SECRETARY, PAPER PLATE AND PAPER PRODUCT MANUFACTURES AND DEALERS IN KERALA, BROADWAY, ERNAKULAM, KOCHI-682031
7 ROYAL AGENCIES, DOOR NO.40/5855 B, BASIL ROAD, ERNAKULAM, KOCHI-682031, REPRESENTED BY ITS PARTNER.
WA.No.688 OF 2020
2
8 CEYLON FANCY HOUSE, MARKET ROAD, ERNAKULAM, KOCHI-682031, REPRESENTED BY ITS MANAGING PARTNER
9 ADAHAS.T.S., S/O.SIDHIK, THOTTATHIL HOUSE, ELAMAKKARA.P.O, PUTHUKKALAVATTOM, KOCHI-682026
BY ADVS.
SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN SRI.R.RAJPRADEEP
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, AND SECRETARY TO GOVERNMENT, ENVIRONMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST, CENTRAL SECRETARIAT, NEW DELHI-110001
SR GP SRI SURIN GEORGE IPE FOR R1 AND R4, ASG SRI.P.VIJAYAKUMAR FOR R5
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.688 OF 2020
3
JUDGMENT
S.MANIKUMAR,CJ
Instant Writ Appeal is filed against the order dated 15.1.2020 in W.P.(C) No.35451/2019. Following reliefs are sought for in the writ petition:
(i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts.P4 & P5 and quash the same.
(ii) Declare that action evidenced by Exts.P4 and P5 without granting sufficient time to dispose of the existing stock of items mentioned therein for which GST is already collected by the State Government is illegal and unconstitutional.
(iii) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) award cost to the writ petitioners/appellants.
Manufactures Association (KBWA) and Another v. State of Kerala
and Another reported in [2020(3) KHC 1] wherein this Bench also has considered the validity of the Government Order imposing a complete ban
of manufacture, storage and sale of 12 single use items from 1.1.2020.
WA.No.688 OF 2020
4
Mr.Brijesh Mohan, learned counsel for appellants, seeks permission to withdraw the writ appeal.
Placing on record the above, the instant writ appeal is dismissed as withdrawn.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv
JUDGE
Colour shows how this judgement treated each authority
Kerala Bottled Water Manufactures Association (KBWA) and Another v. State of Kerala and Another, [2020(3) KHC 1]Referred¶45
MSM Musthafa
Roy.K.P
VIPIN
Noushad.T.C
Abdul Rahim
Royal Agencies
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.Manikumar and Shaji P.Chaly
Parties & counsel
