Disposed

State of Kerala v. M/S.Josco Gold Corporation(P) Ltd.

Kerala HC20 Oct 2022WA/866/2020

Case brief

AI extract

What is this about?

The High Court allowed the writ petitioner in W.P.(C) No. 12818/2017 to withdraw the petition. The writ appeal (WA No. 866 of 2020) arising from the common judgment was closed. The State was given liberty to pursue connected appeals pending against the common judgment.

What did the court decide?

Permission to withdraw the writ petition; dismissal of the petition as withdrawn.

State of Kerala Vs M/S.Josco Gold… — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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WA NO. 866 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 12818/2017 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS IN W.P.(C):

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1 STATE OF KERALA REP. BY SECRETARY, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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2 ASSISTANT COMMISSIONER (KVAT) SPECIAL CIRCLE, DEPARTMENT OF COMMERCIAL TAXES, KOTTAYAM -686001.

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BY ADV GOVERNMENT PLEADER, SPECIAL GP TAXES SRI MOHAMMED RAFIQ

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RESPONDENT/PETITIONER IN W.P.(C):

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M/S.JOSCO GOLD CORPORATION(P) LTD. KMJAY COMPLEX, MARKET JUNCTION NEDUMANGAD, THIRUVANANTHAPURAM REP. BY ITS AUTHORISED SIGNATORY MR.SABU THOMAS.

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BY ADV. A KUMAR

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA NO. 866 OF 2020

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JUDGMENT

S.V.Bhatti, J.

The appeal is at the instance of the respondent in the writ petition. The appeal arises from the common judgment dated 18.12.2019 in W.P.(C) No. 12818/2017.

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Mr. A Kumar appearing for the writ

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petitioner/respondent herein, on instructions received from his client, states that the writ petitioner had filed a review in the judgment under appeal before the learned single Judge. The review was ordered by granting a few reliefs to the petitioner. The petitioner is pursuing statutory remedies. Therefore, he prays that the petitioner may be permitted to withdraw the writ prayer as made and dismiss the writ petition as withdrawn.

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We take note of the submission, and we are of the

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view that the petitioner can be allowed to withdraw the petition and consequently, the common judgment is withdrawn in so far

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WA NO. 866 OF 2020

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as the writ petitioner is concerned. The writ petitioner is given liberty to work out the statutory remedies without reference to the judgment dated 18.12.2019 and the order of even date in this appeal.

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With the above observations, the writ appeal is closed. The closing of the writ appeal shall not be understood as precluding the appellant/State from canvassing the connected appeals pending against the common judgment dated 18.12.2019.

S.V.BHATTI

JUDGE

BASANT BALAJI

JUDGE

State of Kerala v. M/S.Josco Gold Corporation(P) Ltd.

Case brief

What is this about?

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State of Kerala v. M/S.Josco Gold Corporation(P) Ltd.

Case brief

What is this about?

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What the court decided

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