Citation : 2021 Latest Caselaw 17930 Ker
Judgement Date : 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 8888 OF 2010
PETITIONER/S:
M/S.ALLIANCE GRAIN PRODUCTS PVT.LTD.
KUNNAYYATHU WEST,, PUNNATHALA, KOLLAM,,
REP. BY ITS MANAGER, AMEENUDDIN.
BY ADVS.
SMT.INDU SUSAN JACOB(K/001745/2001)
ENOCH DAVID SIMON JOEL
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY,,
DEPARTMENT OF CIVIL SUPPLIES,,
THIRUVANANTHAPURAM.
2 KERALA STATE CIVIL SUPPLIES
CORPORATION LTD.,, MAVELI BHAVAN,
MAVELI ROAD, GANDHI NAGAR,,
KOCHI-682020, REP. BY ITS MANAGING DIRECTOR.
3 MANAGER (PURCHASE)
KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,, MAVELI
BHAVAN, GANDHI NAGAR,, KOCHI-682020.
R1 BY GP SMT.RESHMI THOMAS
R2 & 3 BY SMT. MOLLY JACOB, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8888 OF 2010 ..2..
JUDGMENT
The writ petition is filed challenging Ext.P6
demand notice.
2. Heard the learned Counsel for the petitioner,
the learned Standing Counsel and the learned
Government Pleader.
3. A counter affidavit has been filed on behalf of
respondents 2 and 3 and paragraph 10 of the counter
affidavit reads thus:
10. It is submitted that in the light of the judgment in writ petition 37758/10 confirmed in WA.544/16 Ext.P6 has become inoperative. Hence it is humbly submitted that the above case has become infructuous. Hence the above writ petition may be dismissed accordingly.
WP(C) NO. 8888 OF 2010 ..3..
In view of the same, nothing survives for
consideration in this writ petition and recording
paragraph 10 of the counter affidavit filed on behalf of
respondents 2 and 3, the writ petition is closed.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB/01/09/2021
//true copy //
P.A To Judge WP(C) NO. 8888 OF 2010 ..4..
APPENDIX PETITIONERS EXTS:
EXT.P1 TRUE COPY OF THE ORDER DATED 19.11.2009 NUMBERED AS P1021406/09 ISSUED BY THE 3RD RESPONDENT.
EXT.P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT CERTIFYING THE PAYMENT OF RS.10193981/- BY THE PETITIONER FOR THE QUANTITY OF 7500 QUINTALS OF WHEAT.
EXT.P3 TRUE COPY OF THE RELEASE ORDER DATED 30.11.2009 NO.3395/1 ISSUED BY THE FCI TO THE ASSISTANT MANAGER, SUPPLYCO
EXT.P4 TRUE COPY OF THE RETURN FILED BY THE PETITIONER BEFORE THE KVAT AUTHORITIES FOR THE MONTH OF DECEMBER 2009.
EXT.P4(A) TRUE COPY OF THE RETURN FILED BY PETITIONER BEFORE THE KVAT AUTHORITIES FOR THE MONTH OF JANUARY 2010.
EXT.P5 TRUE COPY OF THE REPORT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 30.01.2010 ALONG WITH SOME OF THE BILLS.
EXT.P6 TRUE COPY OF THE DEMAND LETTER DATED 22.2.2010 NUMBERED AS P.10-21406/09
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