Kerala High Court
WP(C)/9499/2011 of BIJU MARKOSE Vs COMMERCIAL TAX OFFICER & OTHERS on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 9499 of 2011 (J) -------------------------- PETITIONER(S): ------------------------ BIJU MARKOSE, OJES BUILDERS, A.M.ROAD, NELLIKUZHI P.O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 9499 of 2011 (J)
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PETITIONER(S):
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BIJU MARKOSE, OJES BUILDERS, A.M.ROAD, NELLIKUZHI P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT.
BY ADVS.SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
SRI.MAHESH V.MENON
RESPONDENT(S):
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1. COMMERCIAL TAX OFFICER, KOTHAMANGALAM - 686 691. KOTHAMANGALAM - 686 691.
2. INTELLIGENCE OFFICER (IB),
DEPARTMENT OF COMMERCIAL TAXES,
MATTANCHERRY AT MINI CIVIL STATION, ALUVA-683 101.
3. COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. THIRUVANANTHAPURAM-695 001.
4. STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.9499/2011 J
APPENDIX
PETITIONER'S EXHIBITS:
P1:COPY OF CIRCULAR NO.13/08 ISSUED BY THE 3RD RESPONDENT DTD. 28/03/2008.DTD. 28/03/2008.
P2:COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 15/03/2011.1ST RESPONDENT DTD. 15/03/2011.
P3:COPY OF NOTICE ISSUED FILED BY THE 1ST RESPONDENT DTD.15/3/2011.
P4:COPY OF REPLY SUBMITTED BY THE PETITIONER DTD. 17/03/2011.
P5:COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD. 19/03/2011.
P6:COPY OF INSTRUCTION ISSUED BY THE 3RD RESPONDENT DTD.6/10/2008.
P7:COPY OF LETTER SUBMITTED BY THE PETITIONER DTD. 21/02/2011.
RESPONDENT'S EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
ANTONY DOMINIC,J
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W.P.(C)No.9499 of 2011
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Dated this the 31[st] day of December, 2012
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JUDGMENT
The writ petition was filed challenging an order of the first respondent rejecting an application made by thepetitioner for availing of the benefit of an Amnesty schemeintroduced by the respondents. The application for amnestywas made by the petitioner in view of the penalty orders thatwere passed against him under Section 45A of the KGST Actfor the years 1999-2000 to 2003-2004.
When the writ petition was taken up for hearing, thelearned counsel for the petitioner informed that the penaltyorders have been struck down by the Tribunal. Now that thepenalty orders itself are no longer in existence, the subjectmatter of the writ petition has become infructuous andtherefore, the writ petition is closed.
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Sd/-
ANTONY DOMINIC, JUDGE