Riyas Mohammed.M vs Union Of India
2022 Latest Caselaw 2565 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                           &
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
              FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                                 WP(C) NO. 2814 OF 2019
PETITIONER:

        RIYAS MOHAMMED.M., AGED 35 YEARS, S/O. LATE MUHAMMEDKUTTI M.,
        KIZHAKKETHODUVIL, CALICUT AIRPORT P.O,
        KOLATHUR KONDOTTY MALAPPURAM, PIN-673 647

        BY ADVS.O.A.NURIYA
        K.P.SUFIYAN


RESPONDENTS:

   1    UNION OF INDIA, REP. BY SECRETARY TO THE GOVERNMENT MINISTRY OF CIVIL
        AVIATION, REP. BY SECRETARY, GOVERNMENT OF INDIA, NEW DELHI-110 001

   2    STATE OF KERALA, REP. BY CHIEF SECRETARY TO THE GOVERNMENT,
        GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

   3    KANNUR INTERNATIONAL AIRPORT LIMITED, MATTANNUR, KANNUR , PIN-670 702

   4    AIRPORT AUTHORITY OF INDIA, RAJIV GANDHI BHAWAN,
        SAFDARJUNG AIRPORT, NEW DELHI-110 003

       BY ADVS.SRI.B.RAMACHANDRAN, CGC
       SRI.K.V.SOHAN, STATE ATTORNEY
       SRI.M.GOPIKRISHNAN NAMBIAR, SC
       SRI.V.SANTHARAM
       SRI.K.JOHN MATHAI
       SRI.LAKSHMEESH.S.KAMATH
       SRI.JOSON MANAVALAN
       SRI.KURYAN THOMAS
       SRI.PAULOSE C. ABRAHAM

       SRI. K.P.HARISH , SR GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.2814 OF 2019
                                      :: 2 ::




                                   JUDGMENT

Dated this the 4th day of March 2022

S.MANIKUMAR, C.J.

This writ petition is filed seeking for the following reliefs:

"(i) to issue a writ, order or direction in the nature of mandamus or other appropriate writ, order or direction extending the benefit of reduction in rate of tax on sales turnover of Aviation Turbine Fuel to 1% for the domestic flights operating from Kannur Airports for ten years and exemption of additional tax payable under Section D under Ext.P1 notification issued by the second respondent under Section 10 of Kerala General Sales Tax Act, 1963 to all the airports in Kerala.

(ii) to issue a declaration that reduction in rate of tax on sales turnover of Aviation Turbine Fuel to 1% for the domestic flights operating from Kannur Airports for ten years and exemption of additional tax payable under Section D under Ext.P1 notification to Kannur Airport alone is illegal, arbitrary, unreasonable, discriminatory and violative of Article 14 of the Constitution of India.

(iii) to issue a declaration that Sales tax exemption reducing the rate of tax on sales turnover of Aviation Turbine Fuel to 1% under Ext.P1 to Kannur Airport alone is ultravires the Constitution of India."

2. On this day, when the matter came up for hearing,

Mrs.Nuriya.O.A., learned counsel appearing for the petitioner submitted

that this writ petition is not pressed. WP(C)No.2814 OF 2019 :: 3 ::

Placing on record the submission of learned counsel for the

petitioner, this writ petition is dismissed as not pressed.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes