Allowed

Pg Subramanian v. State of Kerala

Kerala HC26 Jul 2022WA/947/2022

Case brief

AI extract

What is this about?

The High Court, in a writ appeal against the dismissal of a writ petition, granted leave to the petitioner to withdraw the petition with liberty to file a fresh comprehensive petition. Consequently, the impugned judgment was set aside and the writ appeal was disposed of.

What did the court decide?

Leave granted to withdraw the writ petition with liberty to file a fresh comprehensive petition; impugned judgment set aside.

Pg Subramanian Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26^TH DAY OF JULY 2022 / 4TH SRAVANA, 1944 WA NO. 947 OF 2022

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AGAINST THE JUDGMENT DATED 06.07.2022 IN WP(C) 6275/2022 OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER:

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P.G.SUBRAMANIAN AGED 61 YEARS S/O. P.E.GANGADHARAN (LATE), MANAGING PARTNER, HOTEL NEELAMBARI SUITES, VILLANCHIRA, NERIAMANGALAM, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691

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BY ADVS. PRAVEEN.H. M.G.KARTHIKEYAN NIREESH MATHEW NIJU MATHEW VIVEK VENUGOPAL BABU JOSE SEBIN SEBASTIAN GAJENDRA SINGH RAJPUROHIT DEVAN N.R C.C.THOMAS (SR.)

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, TAXES DEPARTMENT, ROOM NO.396, FIRST FLOOR, NEAR SOUTH CONFERENCE HALL, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, VIKAS BHAVAN P.O., NANDAVANAM, THIRUVANANTHAPURAM-695 033

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3 THE JOINT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, EXCISE ZONAL COMPLEX, KACHERIPADY, ERNAKULAM-682 018

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SRI.SAIGI JACOB PALATTY-SR.GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.07.2022, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.

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=========================================

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W.A No.947 of 2022

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[ arising out of the impugned judgment dated 06.07.2022 in W.P(C) No.6275/2022 ]

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========================================= Dated this the 26^th day of July, 2022

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JUDGMENT

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Alexander Thomas, J.

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The instant intra-court appeal has been instituted to impugn the judgment dated 06.07.2022 rendered by the learned Single Judge dismissing the Writ Petition (Civil), W.P(C) No.6275/2022. The appellant herein is the petitioner in the W.P(C) and the respondents herein are the respondents in the W.P(C).

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Heard Sri.C.C.Thomas, learned Senior Counsel instructed and assisted by Sri.M.G.Karthikeyan, learned counsel appearing for the appellant herein/petitioner in the W.P(C) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents in the W.A/respondents in the W.P(C).

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Sri.C.C.Thomas, learned Senior Counsel instructed by Sri.M.G.Karthikeyan, learned counsel appearing for the appellant would submit on the basis of instructions of the party that the appellant has been advised to withdraw the above Writ Petition (Civil), with liberty to

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W.A No.947 of 2022

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file a fresh and comprehensive writ petition in respect of all his grievances and also for challenging the impugned Exts.P-14 & P-16 order and that the impugned judgment dismissing the W.P(C) may be modified on the above basis.

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The respondents do not appear to have any serious objection to the said course of action.

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Having regard to the nature of the issues, we feel that the said plea of the appellant appears to be fair and reasonable. Accordingly, it is ordered that leave is granted to the writ petitioner to withdraw the instant Writ Petition (Civil), W.P(C) No.6275/2022 with liberty to file a fresh and comprehensive writ petition in respect of all his subsisting grievances and also with the option to challenge Exts.P-14 & P-16 orders and leaving open all contentions available in law to him. In view of these aspects, the impugned judgment rendered on 06.07.2022 dismissing W.P(C) No.6275/2022, on merits, will stand set aside and the Writ Petition (Civil) No.6275/2022 will stand dismissed as withdrawn with the abovesaid liberty. We make it clear that we are not entered into the merits of the controversy in any manner and all issues are left open. However, we are adopting this course of action, as we are of the firm view that the submissions and contentions of the writ petitioner will have to be

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W.A No.947 of 2022

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adjudicated on merits.

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With these observations and directions, the above Writ Appeal will stand finally disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

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vgd

Pg Subramanian v. State of Kerala

Case brief

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Pg Subramanian v. State of Kerala

Case brief

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