Citation : 2023 Latest Caselaw 10285 Ker
Judgement Date : 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 18850 OF 2023
PETITIONER/S:
T.T. SHIJOY,
S/O THARUKUTTY, THOLATH (H), DEVI INTERNATIONAL,
CHALISSERY, PALAKKAD - 679536.
BY ADVS.
BIMALA BABY
MAGI PAVITHRAN
ROSHAN SHAJI
RESPONDENT/S:
1 STATE OF KERALA ,
REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 ASSISTANT COMMISSIONER (ASSMT),
SPECIAL CIRCLE, DEPARTMENT OF COMMERCIAL TAXES,
PALAKKAD- 678001., PIN - 678001
3 THE COMMERCIAL TAX OFFICER,
(IN CHARGE), OFFICE OF THE ASSISTANT COMMISSIONER
(ASSMT), SPECIAL CIRCLE, DEPARTMENT OF COMMERCIAL
TAXES, PALAKKAD- 678001., PIN - 678001
4 THE DEPUTY COMMISSIONER,
DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD- 678001., PIN
- 678001
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
RESHMITA RAMACHANDRAN-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18850 OF 2023
2
JUDGMENT
Dated this the 21st day of September, 2023
1.This writ petition has been filed under Article 226 of the
Constitution of India, seeking the following prayers:-
"I) To issue a writ of mandamus or any other appropriate writ or order directing the respondent Nos. 2 to lift the attachment over the petitioner's property attached by Ext. P1 Notice. II) To issue a writ of mandamus or any other appropriate writ or order directing the respondent No. 2 to consider Ext. P5 representation."
2. Learned Government Pleader submits on instructions that
there is no attachment over the property of the petitioner.
Considering the said stand, there is no attachment and nothing
survives in this writ petition.
3. The writ petition is dismissed accordingly.
Sd/-
DINESH KUMAR SINGH JUDGE SJ WP(C) NO. 18850 OF 2023
APPENDIX OF WP(C) 18850/2023
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE DATED NIL AS PER THE PROPERTY MENTIONED ABOVE WAS ATTACHED EXHIBIT P2 TRUE COPY OF THE JUDGEMENT DATED 13/12/2016 IN WP(C) 14103/2016 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17/09/2018 IN WA NO. 1291/2017 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22/09/2021 DISPOSING OF THE SPECIAL LEAVE PETITION CIVIL DIARY NO. 6289/2019 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30/05/2023 EXHIBIT P6 TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 02/06/2023 EXHIBIT P7 A TRUE COPY OF THE RTI APPLICATION DATED NIL EXHIBIT P8 A TRUE COPY OF THE REPLY TO THE RTI APPLICATION FILED BY THE PETITIONER DATED 26/08/2023
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