Kerala High Court
Muhammed Fousir A.K vs State Of Kerala on 6 May, 2025
2025:KER:33605
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947
WP(C) NO. 33576 OF 2024
PETITIONER:
MUHAMMED FOUSIR A.K,
AGED 56 YEARS
S/O. KUTTY HASSAN,
RESIDING AT PLEASANT HOUSE, POKKALATH,
CHELAVOOR, KOZHIKODE, PIN - 673571
BY ADVS.
ABDUL RAOOF PALLIPATH
E.MOHAMMED SHAFI
PRAJIT RATNAKARAN
KRISHNAPRIYA R.
SITHARA RAHEEM V.K.
RESPONDENTS:
1 STATE OF KERALA,
DEPARTMENT OF FINANCE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COMMERCIAL TAX OFFICER,
2ND CIRCLE, COMMERCIAL TAXES
KOZHIKODE, PIN - 695001
3 THE THAHASILDAR
REVENUE RECOVERY,
KOZHIKODE, PIN - 673017
4 VILLAGE OFFICER,
CHELAVOOR VILLAGE OFFICE, CHELAVOOR,
KOZHIKODE, PIN - 673571
2025:KER:33605
WP(C) NO.33576 of 2024
2
5 A.K JUNAIS,
S/O. KUTTIHASSAN HAJI,
RESIDING AT ISSATH HOUSE,
VELLENGARATHAZHAM, EAST MUZHIKKAL,
CHILAVOOR, KOZHIKODE
MANAGING PARTNER, M/S OJIN BAKES,
PIN - 673571
6 N.P. SUBAIR,
S/O. KUTTIHASSAN HAJI,
RESIDING AT ISSATH HOUSE,
VELLENGARATHAZHAM, EAST MUZHIKKAL,
CHILAVOOR, KOZHIKODE
MANAGING PARTNER, M/S OJIN BAKES,
PIN - 673571
Addl.R7 STATE OF KERALA
GOVERNMENT SECRETARY,
DEPARTMENT OF REVENUE,
THIRUVANATHAPURAM, PIN-695001
ADDL.R7 IS IMPLEADED AS PER ORDER DATED
06.05.2025 IN I.A.NO.1 OF 2025
BY ADV.
SRI.ASHWIN SETHUMADHAVAN,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:33605
WP(C) NO.33576 of 2024
3
VIJU ABRAHAM, J.
------------------------------------------------
W.P.(C) No.33576 of 2024
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Dated this the 6th day of May, 2025
JUDGMENT
The learned counsel for the petitioner submits that it is the
additional 7th respondent who is to consider and takes a decision on
Ext.P13.
2. The learned Government Pleader also endorsed the said
submission of the petitioner.
3. Taking into consideration the above facts and
circumstances, I am inclined to dispose of the writ petition with a
direction to the additional 7th respondent to consider and pass orders
on Ext.P13 within a period of three months, after affording an
opportunity of being heard to the petitioner and respondents 5 and 6
or any other person who may be interested in the matter.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
hmh
2025:KER:33605
WP(C) NO.33576 of 2024
APPENDIX OF WP(C) 33576/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER OF THE INCOME
TAX DEPARTMENT DATED 28.07.2023 WITH
RESPECT TO ANNUAL YEAR 2012-13
Exhibit P2 A TRUE COPY OF THE ORDER OF THE INCOME
TAX DEPARTMENT DATED 28.07.2023 WITH
RESPECT TO ANNUAL YEAR 2013-14
Exhibit P3 A TRUE COPY OF THE ORDER OF THE INCOME
TAX DEPARTMENT DATED 28.07.2023 WITH
RESPECT TO ANNUAL YEAR 2014-15
Exhibit P4 A TRUE COPY OF THE ORDER OF THE INCOME
TAX DEPARTMENT DATED 02.08.2023 WITH
RESPECT TO ANNUAL YEAR 2015-16
Exhibit P5 A TRUE COPY OF THE ORDER IN KVAT APPEAL
NO. 1152/2015 DATED 28.10.2017
Exhibit P6 A TRUE COPY OF THE ORDER DATED
13.01.2020 PASSED BY THE KVAT AND
AGRICULTURE INCOME TAX AND SALES TAX
APPELLATE TRIBUNAL
Exhibit P7 A TRUE COPY OF THE STAY PETITIONS ARE
PENDING BEFORE THE 2ND APPELLATE
AUTHORITY DATED 17.05.2022
Exhibit P8 A RUE COPY OF THE REVENUE RECOVERY
NOTICE ISSUED TO THE PETITIONER DATED
08.11.2023
Exhibit P9 A RUE COPY OF THE REVENUE RECOVERY
NOTICE ISSUED TO THE 5TH RESPONDENT
DATED 08.11.2023
Exhibit P10 A RUE COPY OF THE REVENUE RECOVERY
NOTICE ISSUED TO THE 6TH RESPONDENT
DATED 08.11.2023
2025:KER:33605
WP(C) NO.33576 of 2024
Exhibit P11 A TRUE COPY OF THE REPRESENTATION BY THE
PETITIONER DATED 23.08.2024 TO THE
Exhibit P12 A TRUE COPY OF THE REPRESENTATION DATED
26.09.2024 BEFORE THE 1ST RESPONDENT
Exhibit P13 A TRUE COPY OF THE REPRESENTATION DATED
25.3.2025 ISSUED TO REVENUE DEPARTMENT
