The High Court of Kerala dismissed this writ petition as withdrawn. The court noted procedural defects including lack of proper pleadings and missing parties, leaving the petitioners the right to file a fresh petition with corrections.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO.382 OF 2023
PETITIONERS:
1 JAYAN S AGED 55 YEARS AJAYA SADANAM, KAVUMPADU SOORANAD P.O., MAVELIKKARA ALAPPUZHA, KERALA, PIN - 690561
2 SHEFEEK AGED 50 YEARS PADIPURAYIL, TRADING COMPANY PUNALOOR, KOLLAM-, KERALA. , PIN - 691305 BY ADV. PRASANNA KUMAR K.
RESPONDENTS:
1 EXECUTIVE OFFICER SABARIMALA DEVASWOM TRAVANCORE DEVASWOM BOARD SABARIMALA P.O., PIN - 689713
2 SECRETARY GST COUNCIL, 5TH FLOOR, TOWER 11 JEEVAN BHARAI BUILDING, JANPATH ROAD CONNAUGHT PLACE, NEW DELHI, PIN - 110001
SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Anil K.Narendran, J.
The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari against Ext.P3 notice dated 26.12.2022 issued by the 1st respondent Executive Officer, Sabarimala Devaswom. The petitioners have also sought for other consequential reliefs.
admission, it was noticed that the affected parties are not in the party array. Therefore, the petitioners were directed to file an application for impleadment.
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W.P.(C) No.382 of 2023
without prejudice to the right of the petitioners to file a fresh writ petition with proper pleadings and necessary parties in the party array.
Having considered the submissions made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the right of the petitioners to file fresh writ petition with proper pleadings and necessary parties in the party array.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
PV
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W.P.(C) No.382 of 2023
APPENDIX OF WP(C)No.382/2023
PETITIONERS' EXHIBITS
Exhibit P1 CERTIFICATE ISSUED DATED NIL BY THE 1ST RESPONDENT VIDE CERTIFICATE NO.115 FOR THE YEAR 2022-2023 TO THE 1ST PETITIONER.
Exhibit P2 CERTIFICATE ISSUED TO THE 2ND PETITIONER VIDE CERTIFICATE NO.125 DATED 11.02.2022 BY 1ST RESPONDENT WHO IS POWER OF ATTORNEY HOLDER OF 1ST PETITIONER.
Exhibit P3 NOTICE NO.3 VIDE NOTICE NO. EOP NO.196/22/SABA BY THE 1ST RESPONDENT TO THER 1ST PETITIONER IN ORDER TO REMIT GST.
Exhibit P4 TRUE COPY OF THE GMAIL DATED, 2-1-2023 COLLECTED FROM THE WEBSITE OF GST
Exhibit P5 COPY OF THE CHALLAN ISSUED BY THE DHANALAKSHMI BANK SABARIMALA BRANCH FOR RS.4,09,274/- ON 26.12.2022 SAME DAY OF EXBT. P3.
1 issue framed by the court
Whether this writ petition, which lacked proper pleadings and necessary parties, should be admitted or dismissed.
2 provisions across 2 enactments
Jayan S
Shefek
Executive Officer Sabarimala Devaswom Travancore Devaswom Board
Secretary GST Council
Anil K.Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
