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Chonari Kammukutty vs The Assistant Commissioner Of ...
2023 Latest Caselaw 891 Ker

Citation : 2023 Latest Caselaw 891 Ker
Judgement Date : 17 January, 2023

Kerala High Court
Chonari Kammukutty vs The Assistant Commissioner Of ... on 17 January, 2023
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                      WP(C) NO. 2577 OF 2020
PETITIONER:
           SHRI.CHONARI KAMMUKUTTY,
           AGED 66 YEARS, S/O.KUNCHIPOCKER,
           ARODIYIL HOUSE, TWINS PALACE, CHEMMAD, T
           ALAPARA ROAD, MUNNIYOOR, THIRURANGADI,
           MALAPPURAM DISTRICT-676 306.

          BY ADVS.   M.P.SHAMEEM AHAMED
                     HARISH R. MENON
                     CYRIAC TOM


RESPONDENTS:
     1     THE ASST. COMMISSIONER OF INCOME TAX (BENAMI
           PROHIBITION UNIT ),
           GROUND FLOOR, POORNIMA BUILDING,
           NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
           KOCHI-682 036.

    2     THE ADJUDICATING AUTHORITY UNDER THE BENAMI PROPERTY
          TRANSACTIONS ACT, 1988,
          ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
          PARLIAMENT STREET, NEW DELHI-110 001.

    3     UNION OF INDIA
          (REPRESENTED BY FINANCE SECRETARY),
          MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
          ROOM 46, NORTH BLOCK, NEW DELHI0110 00.

    *4    ADDL.R4.
          FEROS V.P.,
          SALEENA MANZIL, CALICUT UNIVERSITY P.O,
          MALAPPURAM DISTRICT,
          PIN 673635. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED
          15/09/2021 IN IA.NO.1/2021 IN WP(C)2577/2020)

          BY ADVS.   K.P.SATHEESAN (SR.)
                     P.MOHANDAS (ERNAKULAM)
                     S.K.ADHITHYAN
                     SABU PULLAN
                     GOKUL D. SUDHAKARAN
 W.P.(C)No.2577/2020 & Con.cases      2




OTHER PRESENT:

              ADV. S MANU (DSGI),
              ADV. JOSEJOSEPH (SC)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, ALONG WITH WP(C).2621/2020, 2590/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases         3




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                          WP(C) NO. 10387 OF 2018
PETITIONER:

              SHRI.SIDDIQUE K.K,
              KOZHINJIKODAN HOUSE, OKM NAGAR, OK MURI POST,
              VENGARA, MALAPPURAM.

              BY ADVS.     M.P.SHAMEEM AHAMED
                           C.S.ATHIRA
                           CYRIAC TOM



RESPONDENTS:

      1       THE ASST. COMMISSIONER OF INCOME TAX (BENAMI
              PROHIBITATION UNIT),
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION,
              PANAMPILLY NAGAR, KOCHI-682036.

      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT 1988,
              ROOM NO. 26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.

      3       UNION OF INDIA
              (REPRESENTED BY FINANCE SECRETARY),
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
              ROOM 46, NORTH BLOCK, NEW DELHI-110 001.

              BY ADV SRI.JOSE JOSEPH, SC, FOR INCOME TAX



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases         4



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                          WP(C) NO. 10441 OF 2018
PETITIONER:

              SHRI.SWALIH K.K,
              AGED 37 YEARS,
              KOZHINJIKODAN HOUSE, OKM NAGAR,
              OK MURI POST, VENGARA, MALAPPURAM.

              BY ADVS.     M.P.SHAMEEM AHAMED
                           C.S.ATHIRA
                           CYRIAC TOM



RESPONDENTS:

      1       THE ASST. COMMISSIONER OF INCOME TAX (BENAMI
              PROHIBITATION UNIT),
              GROUND FLOOR,
              POORNIMA BUILDING NEAR MANORAMA JUNCTION,
              PANAMPILLY NAGAR, KOCHI-682 036.

      2       THE ADJUDICATING AUTHORITY
              UNDER THE BENAMI PROPERTY TRANSACTIONS ACT, 1988
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.

      3       UNION OF INDIA
              (REPRESENTED BY FINANCE SECRETARY)
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
              ROOM 46, NORTH BLOCK, NEW DELHI-110 00.

              BY ADV K.SHRI HARI RAO, CGC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases         5



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                          WP(C) NO. 22404 OF 2018
PETITIONER:

              SHRI. YOUNUS SALIM,
              AGED 48 YEARS, S/O. MOHAMMED,
              NALAKTH HOUSE,KODAKKAD,
              BINANAD POST,MANNARKKAD,
              PALAKKAD DISTRICT, PIN- 679 338.

              BY ADV M.P.SHAMEEM AHAMED



RESPONDENTS:

      1       THE ASST. COMMISSIONER OF INCOME TAX (BENAMI
              PROHIBITION UNIT)
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI- 682 036.

      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT1988,
              ROOM NO.26, 4TH FLOOR,JEEVAN DEEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI- 110 001

      3       UNION OF INDIA
              (REPRESENTED BY FINANCE SECRETARY),
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
              ROOM NO.46, NORTH BLOCK, NEW DELHI- 110 001

              BY ADVS.     ASSISTANT SOLICITOR GENERAL
                           JAISHANKAR V.NAIR, CGC
                           P.K.R.MENON,SR.COUNSEL, GOI(TAXES)
                           JOSE JOSEPH, SC, FOR INCOME TAX

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases         6



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 2590 OF 2020


PETITIONER:

              CHONARI KAMMUKUTTY
              AGED 66 YEARS, S/O. KUNCHIPOCKER,
              ARODIYIL HOUSE, TWINS PALACE, CHEMMAD,
              TALAPARA ROAD, MUNNIYOOR, THIRURANGADI,
              MALAPPURAM DISTRICT -676 306


              BY ADVS.
                         M.P.SHAMEEM AHAMED
                         HARISH R. MENON
                         CYRIAC TOM



RESPONDENTS:

      1       THE ASST. COMMISSIONER OF INCOME TAX ( BENAMI
              PROHIBITION UNIT )
              GROUND FLOOR, POORNIMA BUILDING, NEAR MANORAMA
              JUNCTION, PANAMPILLY NAGAR, KOCHI -682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988
              ROOM NO.26, 4TH FLOOR, JEEVANDEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI- 110 001.


      3       UNION OF INDIA
              (REPRESENTED BY FINANCE SECRETARY) MINISTRY OF
              FINANCE, DEPARTMENT OF REVENUE , ROOM 46, NORTH
              BLOCK, NEW DELHI- 110 001.
 W.P.(C)No.2577/2020 & Con.cases            7


     *4       ADDL R4, FEROS.V.P,
              SALEENA MANZIL, CALICUT UNIVERSITY P.O,
              MALAPPURAM DISTRICT, PIN- 673 635.
              *ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 15-
              09-2021 IN IA NO.1/2021 IN WP© 2590/2020.

              BY ADVS.
                         P.VIJAYAKUMAR, ASG OF INDIA
                         P.MOHANDAS (ERNAKULAM)
                         DR.K.P.SATHEESAN (SR.)
                         S.K.ADHITHYAN
                         SABU PULLAN
                         GOKUL D. SUDHAKARAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,       ALONG      WITH   WP(C).2577/2020   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases         8



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 2595 OF 2020


PETITIONER:

              CHONARI KAMMUKUTTY,
              AGED 66 YEARS, S/O.KUNCHIPOCKER,
              ARODIYIL HOUSE, TWINS PALACE, CHEMMAD,
              TALAPARA ROAD, MUNNIYOOR, THIRURANGADI,
              MALAPPURAM DISTRICT-676 306.


              BY ADVS.
                         M.P.SHAMEEM AHAMED
                         HARISH R. MENON
                         CYRIAC TOM



RESPONDENTS:

      1       THE ASSISTANT COMMISSIONER OF INCOME TAX,
              (BENAMI PROHIBITION UNIT), GROUND FLOOR,
              POORNIMA BUILDING, NEAR MANORAMA JUNCTION,
              PANAMPILLY NAGAR, KOCHI-682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.


      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY),
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, ROOM
              46, NORTH BLOCK, NEW DELHI-110 00.
 W.P.(C)No.2577/2020 & Con.cases            9




     *4       ADDL.R4. FEROS V.P
              SALEENA MANZIL, CALICUT UNIVERSITY P.O.,
              MALAPPURAM DISTRICT, PIN - 673 635.
              [ADDL.R4 IS IMPLEADED AS PER ORDER DATED 15.09.2021
              IN I.A.1/2021 IN WP(C)2595/2020.]



              BY ADVS.
                         K.P.SATHEESAN (SR.)
                         P.MOHANDAS (ERNAKULAM)
                         S.K.ADHITHYAN
                         SABU PULLAN
                         GOKUL D. SUDHAKARAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON   17.01.2023,       ALONG      WITH   WP(C).2577/2020   AND   CONNECTED

CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        10



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 2596 OF 2020


PETITIONER:
      1



             SHRI CHONARI KAMMUKUTTY
             AGED 66 YEARS, S/O.KUNCHIPOCKER,
             ARODIYIL HOUSE, TWINS PALACE, CHEMMAD,
             TALAPARA ROAD, MUNNIYOOR,THIRURANGADI,
             MALAPPURAM DISTRICT-676 306.

              BY ADVS.
                         M.P.SHAMEEM AHAMED
                         HARISH R. MENON
                         CYRIAC TOM



RESPONDENTS:

      1       THE ASST. COMMISSIONER OF INCOME TAX
              BENAMI PROHIBITION UNIT),
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI-682 036.

      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.

      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY)
              MINISTRY OF FINANCE,
              DEPARTMENT OF REVENUE, ROOM 46,
              NORTH BLOCK, NEW DELHI-110 001.
 W.P.(C)No.2577/2020 & Con.cases        11




     *4       ADDL.R4. FEROS V.P.
              AGED 52 YEARS
              SALEENA MANZIL, CALICUT UNIVERSITY P.O.,

              MALAPPURAM DISTRICT, PIN - 673 635.
              *[ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
              15.09.2021 IN I.A.1/2021 IN WP(C)2596/2020.]

             BY ADVS.
                         P.VIJAYAKUMAR, ASG OF INDIA
                         P.MOHANDAS (ERNAKULAM)



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        12



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 2621 OF 2020


PETITIONER:

             CHONARI KAMMUKUTTY
             AGED 66 YEARS, S/O.KUNCHIPOCKER,
             ARODIYIL HOUSE, TWINS PALACE. CHEMMAD,
             TALAPARA ROAD, MUNNIYOOR, THIRURANGADI,
             MALAPPURAM DISTRICT-676 306.


              BY ADVS.
                     M.P.SHAMEEM AHAMED
                     HARISH R. MENON
                     CYRIAC TOM



RESPONDENTS:

      1       THE ASST . COMMISSIONER OF INCOME TAX
              (BENAMI PROHIBITION UNIT)
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI-682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.


      3       UNION OF INDIA
              (REPRESENTED BY FINANCE SECRETARY),
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
              ROOM 46, NORTH BLOCK, NEW DELHI-110 00.
 W.P.(C)No.2577/2020 & Con.cases     13




     *4       ADDL R4, FEROS.V.P,
              AGED 52 YEARS
              SALEENA MANZIL, CALICUT UNIVERSITY P.O, MALAPPURAM
              DISTRICT, PIN 673 635

              *IS IMPLEADED AS PER ORDER DATED 15-09-2021 IN IA
              NO.1/2021.

             BY ADVS.
                    P.VIJAYAKUMAR, ASG OF INDIA
                    P.MOHANDAS (ERNAKULAM)
                    K.P.SATHEESAN (SR.)
                    S.K.ADHITHYAN
                    SABU PULLAN
                    GOKUL D. SUDHAKARAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        14



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 2627 OF 2020
PETITIONER:


              CHONARI KAMMUKUTTY,,
              AGED 66 YEARS, S/O.KUNCHIPOCKER,
              ARODIYIL HOUSE, TWINS PALACE, CEHMMAD,
              TALAPARA ROAD, MUNNIYOOR, THIRURANGADI,
              MALAPPURAM DISTRICT-676 306.

              BY ADVS.
                         M.P.SHAMEEM AHAMED
                         HARISH R. MENON
                         CYRIAC TOM



RESPONDENTS:


      1       THE ASST.COMMISSIONER OF INCOME TAX (BENAMI
              PROHIBITION UNIT)
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI-682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.


      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY) MINISTRY OF
              FINANCE, DEPARTMENT OF REVENUE, ROOM NO.46,
              NORTH BLOCK,NEW DELHI - 110 001.
 W.P.(C)No.2577/2020 & Con.cases        15




     *4       ADDL R4 FEROS V.P,
              SALEENA MANZIL, CALICUT UNIVERSITY P.O, MALAPPURAM
              DISTRICT, PIN-673 635

              *ADDL R4 IS IMPLEADED AS PER ORDER DATED 15-09-2021
              IN IA 1/2021 IN WP(C)2627/2020.

              BY ADVS.
                         JOSE JOSEPH, SC, FOR INCOME TAX
                         P.VIJAYAKUMAR, ASG OF INDIA
                         K.P.SATHEESAN (SR.)
                         P.MOHANDAS (ERNAKULAM)
                         SABU PULLAN
                         GOKUL D. SUDHAKARAN
                         S.K.ADHITHYAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        16



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 4397 OF 2020
PETITIONER:


              P.M.SHARJITH,
              AGED 42 YEARS,
              S/O. KUNHAMEED, POOVANITHERUVATH MALIYEKKAL HOUSE,
              12/510, THEKKUMTHALA, KUTTICHIERA,
              CALICUT - 673 001.

              BY ADVS.
                         M.P.SHAMEEM AHAMED
                         HARISH R. MENON
                         CYRIAC TOM



RESPONDENTS:


      1       THE ASST. COMMISSIONER OF INCOME TAX(BENAMI
              PROHIBITION UNIT)
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI - 682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988
              ROOM NO. 26, 4TH FLOOR, JEEVANDEEP BUILDING,
              PARLIAMENT, STREET, NEW DELHI - 110 001.


      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY)
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, ROOM
              46, NORTH BLOCK, NEW DELHI - 110 001.
 W.P.(C)No.2577/2020 & Con.cases           17




     *4       ADDL R4. FEROS V.P.,
              SALEENA MANZIL, CALICUT UNIVERSITY P.O., MALAPPURAM
              DISTRICT, PIN - 673 635.

              *[ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
              15.09.2021 IN I.A.1/2021 IN WP(C)4397/2020]

              BY ADVS.
                         K.P.SATHEESAN (SR.)
                         GOKUL D. SUDHAKARAN
                         S.K.ADHITHYAN
                         P.MOHANDAS (ERNAKULAM)
                         SABU PULLAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        18



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 4409 OF 2020


PETITIONER:

              P. M. SHARJITH,
              AGED 42 YEARS, S/O. KUNHAMEED,
              POOVANITHERUVATH MALIYEKKAL HOUSE, 12/510,
              THEKKUMTHALA, KUTTICHIERA, CALICUT - 673 001.


              BY ADVS.
                     M.P.SHAMEEM AHAMED
                     HARISH R. MENON
                     CYRIAC TOM



RESPONDENTS:


      1       THE ASSISTANT COMMISSIONER OF INCOME TAX (BENAMI
              PROHIBITION UNIT)GROUND FLOOR,
              POORNIMA BUILDING, NEAR MANORAMA JUNCTION,
              PANAMPILLY NAGAR, KOCHI - 682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSATIONS ACT, 1988, ROOM NO.26,
              4TH FLOOR, JEEVANDEEP BUILDING, PARLIAMENT STREET,
              NEW DELHI - 110 001.


      3       UNION OF INDIA, (REPRESENTED BY FINANCE SECRETARY),
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
              ROOM 46, NORTH BLOCK, NEW DELHI - 110 001.
 W.P.(C)No.2577/2020 & Con.cases       19


     *4       *ADDL R4 FEROS V.P,
              SALEENA MANZIL, CALICUT UNIVERSITY P.O,
              MALAPPURAM DISTRICT, PIN - 673 635

              *ADDL.R4 IS IMPLEADED IN THE WP(C) AS PER ORDER
              DATED 15.09.2021 IN I.A NO 1/2021 IN WP(C)
              4409/2020

             BY ADVS.
                    K.P.SATHEESAN (SR.)
                    GOKUL D. SUDHAKARAN
                    SABU PULLAN
                    S.K.ADHITHYAN

                       ADV.S MANU (DSGI),

                       ADV. JOSEJOSEPH (SC)




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED CASES, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        20



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 4429 OF 2020


PETITIONER:


              P.M.SHARJITH, AGED 42 YEARS
              S/O.KUNHAMEED, POOVANITHERUVATHMALIYEKKAL HOUSE,
              12/510, THEKKUMTHALA, KUTTICHIERA, CALICUT-673 001.


              BY ADVS.
                         M.P.SHAMEEM AHAMED
                         HARISH R. MENON
                         CYRIAC TOM



RESPONDENTS:

      1       THE ASST. COMMISSIONER OF INCOME TAX(BENAMI
              PROHIBITION UNIT)
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI-682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.


      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY) MINISTRY OF
              FINANCE, DEPARTMENT OF REVENUE, ROOM 46,
              NORTH BLOCK, NEW DELHI.
 W.P.(C)No.2577/2020 & Con.cases            21




     *4       ADDL R4, FEROS V.P,
              SALEENA MANZIL, CALICUT UNIVERSITY P.O,
              MALAPPURAM DISTRICT, PIN-673 635,

              ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
              15-09-2021 IN WP(C)4429/2020.

              BY ADVS.
                         K.P.SATHEESAN (SR.)
                         P.MOHANDAS (ERNAKULAM)
                         S.K.ADHITHYAN
                         SABU PULLAN
                         GOKUL D. SUDHAKARAN

                         ADV.S MANU (DSGI),

                         ADV. JOSEJOSEPH (SC)



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,       ALONG      WITH   WP(C).2577/2020   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        22




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 4454 OF 2020
PETITIONER:


              P.M.SHARJITH,
              AGED 42 YEARS,S/O.KUNHAMEED,
              POOVANITHERUVATHMALIYEKKAL HOUSE,
              12/510, THEKKUMTHALA,
              KUTTICHIERA, CALICUT-673 001.


              BY ADVS.     M.P.SHAMEEM AHAMED
                           HARISH R. MENON
                           CYRIAC TOM



RESPONDENTS:


      1       THE ASST. COMMISSIONER OF INCOME TAX (BENAMI
              PROHIBITION UNIT),
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION,
              PANAMPILLY NAGAR, KOCHI-682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.


      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY)
              MINISTRY OF FINANCE,
              DEPARTMENT OF REVENUE, ROOM 46,
              NORTH BLOCK, NEW DELHI.
 W.P.(C)No.2577/2020 & Con.cases        23




     *4       ADDL.R4.

              FEROS.V.P
              SALEENA MANZIL, CALICUT UNIVERSITY P.O.,
              MALAPPURAM DISTRICT PIN - 673635

              IS IMPLEADED AS ADDL.R4 IN IA 1/2021 IN WPC NO.
              4454/2020 AS PER ORDER DATED 15.09.2021.



              BY ADVS.     K.P.SATHEESAN (SR.)
                           P.MOHANDAS (ERNAKULAM)
                           S.K.ADHITHYAN
                           SABU PULLAN
                           GOKUL D. SUDHAKARAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, ALONG WITH WP(C).2577/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases        24



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                           WP(C) NO. 4470 OF 2020


PETITIONER:


              P.M.SHARJITH,
              AGED 42 YEARS,S/O. KUNHAMEED,
              POOVANITHERUVATH MALIYEKKAL HOUSE,
              12/510. THEKKUMTHALA, KUTTICHIERA,
              CALICUT-673 001.

              BY ADVS.     M.P.SHAMEEM AHAMED
                           HARISH R. MENON
                           CYRIAC TOM



RESPONDENTS:


      1       THE ASST. COMMISSIONER OF INCOME TAX,
              (BENAMI PROHIBITION UNIT),
              GROUND FLOOR, POORNIMA BUILDING,
              NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR,
              KOCHI-682 036.


      2       THE ADJUDICATING AUTHORITY UNDER THE BENAMI
              PROPERTY
              TRANSACTIONS ACT, 1988,
              ROOM NO.26, 4TH FLOOR, JEEVAN DEEP BUILDING,
              PARLIAMENT STREET, NEW DELHI-110 001.


      3       UNION OF INDIA,
              (REPRESENTED BY FINANCE SECRETARY),
              MINISTRY OF FINANCE,
              DEPARTMENT OF REVENUE, ROOM 46,
              NORTH BLOCK NEW DELHI-110 001.
 W.P.(C)No.2577/2020 & Con.cases            25




     *4       ADDLR4.

              FEROS V.P.,
              SALEENA MANZIL, CALICUT UNIVERSITY P.O.,
              MALAPPURAM DISTRICT, PIN-673 635.

              IS IMPLEADED AS PER ORDER DATED 15-09-2021 IN IA
              NO.1/2021.



              BY ADVS.     K.P.SATHEESAN (SR.)
                           P.MOHANDAS (ERNAKULAM)
                           GOKUL D. SUDHAKARAN
                           SABU PULLAN
                           S.K.ADHITHYAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,        ALONG     WITH   WP(C).2577/2020   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2577/2020 & Con.cases           26




                                  JUDGMENT

[WP(C) Nos. 2577/2020, 10387/2018, 10441/2018, 22404/2018, 2590/2020, 2595/2020, 2596/2020, 2621/2020, 2627/2020, 4397/2020, 4409/2020, 4429/2020, 4454/2020, 4470/2020]

The issues raised in these writ petitions are covered by

a judgment of the Supreme Court in Union of India & Anr.

v. M/s. Ganpati Dealcom Pvt.Ltd.; 2022 LiveLaw (SC)

700 (Civil Appeal No.5783 of 2022), where a three judge

Bench of the Supreme Court are concluded as follows:

"18. Conclusion

18.1 In view of the above discussion, we hold as under:

a) Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary. Accordingly, Section 3(2) of the 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution

b) In rem forfeiture provision under Section 5 of the unamended Act of 1988, prior to the 2016 Amendment Act, was unconstitutional for being manifestly arbitrary.

c) The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions.

d) In rem forfeiture provision under Section 5 of the 2016 Act, being punitive in nature, can only be applied prospectively and not retroactively.

e) Concerned authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act, viz., 25.10.2016. As a consequence of the above declaration, all such prosecutions or confiscation proceedings shall stand quashed.

f) As this Court is not concerned with the constitutionality of such independent forfeiture proceedings contemplated under the 2016 Amendment Act on the other grounds, the aforesaid questions are left open to be adjudicated in appropriate proceedings".

In view of the aforesaid, it is declared that the amended

provisions of the Prohibition of Benami Property Transactions

Act, 1988, shall be applied against the petitioners in these

cases only if the transaction/transactions in question is/are

entered into on or after 25-10-2016.

Sd/-

GOPINATH P.

JUDGE ats W.P.(C)No.2577/2020 & Con.cases 28

APPENDIX OF WP(C) 2577/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 01.10.2019 ISSUED BY THE 1ST RESPONDENT UNDER SEC 24(1) IN CONNECTION WITH REGISTERED SALE DEED NO.1456/2015 DATED 23.03.2015.

EXHIBIT P2 COPY OF THE REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 A COPY OF ADDITIONAL REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC.24(4) IN CONNECTION WITH SALE DEED NO.1456/2015 DATED 23.03.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDERS DATED 26.11.2019 FOR THE PROPERTY.

EXHIBIT P5 COPY OF REFERENCE NO.88/BPU-KOCHI MADE BY THE 1ST RESPONDENT UNDER SECTION 34(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICES DATED 23.12.2019 IN R-1871/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 04.04.2018 IN WPC 10387/2018.

EXHIBIT P8 A COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018.

W.P.(C)No.2577/2020 & Con.cases 29

APPENDIX OF WP(C) 10387/2018

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE LETTER DATED 2.05.2016 FILED WITH THE DY. DIRECTOR OF INVESTIGATION.

EXHIBIT P2 COPY OF THE NOTICE DATED 30.11.2017 ISSUED BY 2ND RESPONDENT U/S. 24 (1) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P3 COPY OF THE PROCEEDINGS DT. 19.01.2018 U/S.

24(1) PASSED BY THE 1ST RESPONDENT.

EXHIBIT P4 COPY OF THE ORDER DATED 31.01.2018 PASSED BY THE 1ST RESPONDENT U/S. SEC 24 (4) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S. 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 13.02.2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289 (E) DT.

25.10.2016.

W.P.(C)No.2577/2020 & Con.cases 30

APPENDIX OF WP(C) 10441/2018

PETITIONER'S EXHIBITS

EXT.P1 COPY OF THE LETTER DATED 2.5.2016 FILED WITH THE DY. DIRECTOR OF INVESTIGATION

EXT.P2 COPY OF THE NOTICE DATED 30.11.2017 ISSUED BY 1ST RESPONDENT U/S 24(1) OF THE BENAMI PROHIBITION ACT

EXT.P3 COPY OF THE PROCEEDINGS DATED 19.1.2018 U/S 4(1) PASSED BY THE 1ST RESPONDENT

EXT.P4 COPY OF THE ORDER DATED 30.01.2018 PASSED BY THE 1ST RESPONDENT U/S 24(4) OF THE BENAMI PROHIBITION ACT

EXT.P5 COPY OF THE REFERENCE MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT

EXT.P6 COPY OF THE SHOW CAUSE NOTICE DATED 13.02.2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 COPY OF THE NOTIFICATION SO 3288(E) DATED 25.10.2016

APPENDIX OF WP(C) 22404/2018

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE LETTER DATED 25.4.2016 FILED WITH THE DY. DIRECTOR OF INVESTIGATION

EXHIBIT P2 COPY OF THE NOTICE DATED 21.12.2017 ISSUED BY 1ST RESPONDENT U/S 24(1) OF THE BENAMI PROHIBITION ACT

EXHIBIT P3 COPY OF THE REPLY DATED 19.3.2018 FILED BY THE PETITIONER WITH THE 1ST RESPONDENT

EXHIBIT P4 COPY OF PROCEEDINGS DT. 19.3.2018 U/S.24(4) PASSED BY THE 1ST RESPONDENT

EXHIBIT P5 COPY OF THE ORDER DATED 19.3.2018 PASSED BY THE 1ST RESPONDENT UNDER SEC 24(4) (B)(I) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT TO THE 2ND RESPONDENT

EXHIBIT P7 A COPY OF THE SHOW CAUSE NOTICE DATED 18.4.2018 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 COPY OF THE NOTIFICATION SO 3289(E) DT.25.10.2016

EXHIBIT P9A COPY OF INTERIM ORDER DATED 4.4.2018 IN WP 10387/2018

EXHIBIT P9B AND COPY OF INTERIM ORDER DATED 4.4.2018 IN WP 10441/2018 W.P.(C)No.2577/2020 & Con.cases 32

APPENDIX OF WP(C) 2590/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 30.08.2019 ISSUED BY THE 1ST RESPONDENT UNDER SEC 24 (1) IN CONNECTION WITH SALE DEED 1328/2015 DATED 18.03.2015

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 18.09.2019 BEFORE THE RESPONDENT

EXHIBIT P2A COPY OF ADDITIONAL REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC 24 (4) IN CONNECTION WITH SALE DEED 1328/2015 DATED 18.03.2015

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDER DATED 26.11.2019

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 23.12.2019 IN R-1861/2019

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289 (E) DT.25.10.2016

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 04.04.2018 IN WP 10387/2018

EXHIBIT P8A COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018 W.P.(C)No.2577/2020 & Con.cases 33

APPENDIX OF WP(C) 2595/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 30.08.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 24(1) IN CONNECTION WITH SALE DEED 1501/2015 DATED 25.03.2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 18.09.2019 BEFORE THE RESPONDENT.

EXHIBIT P2 A COPY OF ADDITIONAL REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SECTION 24(4) IN CONNECTION WITH SALE DEED 1501/2015 DATED 25.03.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDERS DATED 26.11.2019 FOR THE PROPERTY.

EXHIBIT P5 COPY OF REFERENCE NO.81/BPU-KOCHI MADE BY THE 1ST RESPONDENT UNDER SECTION 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICES DATED 23.12.2019 IN R-1864/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF TH INTERIM ORDER DATED 04.04.2018 IN WP 10387/2018.

EXHIBIT P8 A COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018.

W.P.(C)No.2577/2020 & Con.cases 34

APPENDIX OF WP(C) 2596/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE NOTICE DATED 30.8.2019 ISSUED BY THE 1ST RESPONDENT UNDER SEC.24(1) IN CONNECTION WITH SALE DEED 1500/2015 DATED 24.3.2016.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 18.9.2019 BEFORE THE RESPONDENT.

EXHIBIT P2(A) COPY OF ADDITIONAL REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC 24(4) IN CONNECTION WITH SALE DEED 1500/2015 DATED 18.3.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDERS DATED 26.11.2019 FOR THE PROPERTY.

EXHIBIT P5 COPY OF REFERENCE NO.80/BPU-KOCHI MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICES DATED 23.12.2019 IN R-1863/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 4.4.2018 IN WP.10387/2018.

EXHIBIT P8(A) COPY OF INTERIM ORDER DATED 4.4.2018 IN WP.10441/2018.

W.P.(C)No.2577/2020 & Con.cases 35

APPENDIX OF WP(C) 2621/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE NOTICE DATED 30.08.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 24(1) IN CONNECTION WITH SALE DEED 1404/2015 DATED 18.03.2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 18.09.2019 BEFORE THE RESPONDENT.

EXHIBIT P2 A COPY OF ADDITIONAL REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SECTION 24(4) IN CONNECTION WITH SALE DEED 1404/2015 DATED 18.03.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDERS DATED 26.11.2019 FOR THE PROPERTY.

EXHIBIT P5 COPY OF REFERENCE NO.79/BPU-KOCHI MADE BY THE 1ST RESPONDENT UNDER SECTION 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICES DATED 23.12.2019 IN R-1862/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF TH INTERIM ORDER DATED 04.04.2018 IN WP 10387/2018.

EXHIBIT P8 A COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018.

W.P.(C)No.2577/2020 & Con.cases 36

APPENDIX OF WP(C) 2627/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 30.08.2019 ISSUED BY THE 1ST RESPONDENT UNDER SEC.24(1) IN CONNECTION WITH SALE DEED 1764/2015 DATED 10.04.2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 18.09.2019 BEFORE THE RESPONDENT.

EXHIBIT P2(A) COPY OF ADDITIONAL REPLY DATED 11.10.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC 24(4) IN CONNECTION WITH SALE DEED 1764/2015 DATED 10.04.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDERS DATED 26.11.2019 FOR THE PROPERTY.

EXHIBIT P5 COPY OF REFERENCE NO.82/PBU-KOCHI MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICES DATED 23.12.2019 IN R-1865/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 04.04.2018 IN WP 10387/2018.

EXHIBIT P8(A) COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018.

W.P.(C)No.2577/2020 & Con.cases 37

APPENDIX OF WP(C) 4397/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 01-10-2019 U/S 24(1) IN CONNECTION WITH SALE DEED 1456/2015 DATED 23-03-2015

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 10-10-2019 BEFORE THE RESPONDENT

EXHIBIT P3 COPY OF THE ORDER DATED 26-11-2019 PASSED BY THE 1ST RESPONDENT UNDER SEC 24(4) IN CONNECTION WITH SALE DEED 1456/2015 DATED 23- 03-2015

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDER DATED 20-11-2019

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S. 24(5) OF THE BENAMI PROHIBIT ACT

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 23-12-

2019 IN R-1872/2019

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289 (E) DT. 25-

10-2016

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 4-04-2018 IN WP 10387/2018

EXHIBIT P8A COPY OF INTERIM ORDER DATED 4-04-2018 IN WP 10441/2018

EXHIBIT P8 B COPY OF COMMON INTERIM ORDER DATED 30-01-2020 PASSED IN WP 2577/2020, 2590/2020, 2595/2020, 2596/2020. 2621/2020 AND 2627/2020. W.P.(C)No.2577/2020 & Con.cases 38

APPENDIX OF WP(C) 4409/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 2.9.2019 U/S 24(1) IN CONNECTION WITH SALE DEED 1404/2015 DATED 18.3.2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 10.10.2019 BEFORE THE RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC.24(4) IN CONNECTION WITH SALE DEED 1404/2015 DATED 20.3.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDER DATED 26.11.2019.

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 23.12.2019 IN R-1867/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 4.4.2018 IN WP 10387/2018.

EXHIBIT P8 A COPY OF INTERIM ORDER DATED 4.4.2018 IN WP 10441/2018.

EXHIBIT P8 B COPY OF COMMON INTERIM ORDER DATED 30.1.2020 PASSED IN WP 2577/2020, 2590/2020, 2595/2020, 2596/2020, 2621/2020 AND 2627/2020.

W.P.(C)No.2577/2020 & Con.cases 39

APPENDIX OF WP(C) 4429/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 02.09.2019 U/S 24(1) IN CONNECTION WITH SALE DEED 1328/2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 10.10.2019 BEFORE THE RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC 24(4) IN CONNECTION WITH SALE DEED 1328/2015 DATED 18.03.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDER DATED 26.11.2019.

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 23.12.2019 IN R-1866/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 04.04.2018 IN WP 10387/2018.

EXHIBIT P8A COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018.

EXHIBIT P8B COPY OF COMMON INTERIM ORDER DATED 30.01.2020 PASSED IN WP 2577/2020, 2590/2020, 2595/2020, 2596/2020, 2621/2020 AND 2627/2020.

W.P.(C)No.2577/2020 & Con.cases 40

PPENDIX OF WP(C) 4454/2020

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 02.09.2019 U/S 24(1) IN CONNECTION WITH SALE DEED 1764/2015 DATED 10.04.2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 10.10.2019 BEFORE THE RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26.11.2019 PASSED BY THE 1ST RESPONDENT UNDER SEC 24(4) IN CONNECTION WITH SALE DEED 1764/2015 DATED 10.04.2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDER DATED 26.11.2019.

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S 24(5) OF THE BENAMI PROHIBITION ACT.

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 23.12.2019 IN R-1870/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25.10.2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 04.04.2018 IN WP 10387/2018.

EXHIBIT P8A COPY OF INTERIM ORDER DATED 04.04.2018 IN WP 10441/2018.

EXHIBIT P8B COPY OF COMMON INTERIM ORDER DATED 30.01.2020 PASSED IN WP 2577/2020, 2590/2020, 2595/2020, 2596/2020, 2621/2020 AND 2627/2020.

W.P.(C)No.2577/2020 & Con.cases 41

APPENDIX OF WP(C) 4470/2020

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE NOTICE DATED 02/09/2019 U/S 24(1) IN CONNECTION WITH SALE DEED 1500/2015 DATED 25/03/2015.

EXHIBIT P2 COPY OF THE COMMON REPLY DATED 10/10/2019 BEFORE THE RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER DATED 26/11/2019 PASSED BY THE 1ST RESPONDENT UNDER SEC.24(4) IN CONNECTION WITH SALE DEED 1500/2015 DATED 25/03/2015.

EXHIBIT P4 COPY OF THE PROVISIONAL ATTACHMENT ORDER DATED 26/11/2019.

EXHIBIT P5 COPY OF REFERENCE MADE BY THE 1ST RESPONDENT U/S. 24(5) OF THE BENAMI PROHIBITION ACT)

EXHIBIT P6 COPY OF THE SHOW CAUSE NOTICE DATED 23/12/2019 IN R.1868/2019.

EXHIBIT P7 COPY OF THE NOTIFICATION SO 3289(E) DATED 25/10/2016.

EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 04/04/2018 IN WPC 10387/2018.

EXHIBIT P8(A) COPY OF INTERIM ORDER DATED 04/04/2018 IN WP 10441/2018.

EXHIBIT P8 (B) COPY OF COMMON INTERIM ORDER DATED 30/01/2020 PASSED IN WP 2577/2020, 2590/2020, 2595/2020, 2596/2020, 2621/2020 AND 2627/2020.

 
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