Jayan S vs Executive Officer
2023 Latest Caselaw 475 Ker

Citation : 2023 Latest Caselaw 475 Ker
Judgement Date : 11 January, 2023

Kerala High Court

Jayan S vs Executive Officer on 11 January, 2023

          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
    3    TRAVANCORE DEVASWOM BOARD
         NANTHANCODE,
         KOWDIAR P.O., THIRUVANANTHAPURAM
         REPRESENTED BY SECRETARY, PIN - 695003
         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:
                                      2
W.P.(C) No.382 of 2023


                             JUDGMENT

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 1 st

respondent Executive Officer, Sabarimala Devaswom. The

petitioners have also sought for other consequential reliefs.

2. On 06.01.2023, when this writ petition came up for

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.

3. Today, when this matter is taken up for

consideration, it is brought to the notice of the learned

counsel for the petitioner that the writ petition does not

contain proper pleadings. The reliefs sought for are not

properly drafted. The affected parties are not in the party

array, which is contrary to the mandate of Rule 148 of the

Rules of the High Court of Kerala, 1971.

4. Adv.Prasanna Kumar K, the learned counsel for the

petitioners seeks permission to withdraw this writ petition,

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

W.P.(C) No.382 of 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.