Cochin Shipyard Contractors Federation v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WA.No. 615 of 2014 () IN WP(C).30102/2012 ------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 30102/2012 of HIGH COURT OF KERALA DATED 19-07-2013 APPELLANT(S)/PETITIONERS IN W.P[C]:

-------------------------------------- 1.

COCHIN SHIPYARD CONTRACTORS FEDERATION 39/643 2B, DHANYA TOWERS, NEAR RAVIPURAM TEMPLE ARC COCHIN-682016 REPRESENTED BY ITS GENERAL SECRETARY SRI.POLSON E.THOMAS.

2.

SIGNAL ENGINEERING, AYROOR PADAM, UPPUKANDAM, PIN-686 692, REPESENTED BY ITS PROPRIETOR SRI AJI MATHAI.

3.

V.J.JACOB, VELIATHUM POTTAYIL (H), MULAMTHURUTHY P.O.

COCHIN-682 314.

4.

BABY KIZHAKKEKUDY POULOSE DOOR NO. 367/J/111, PALLIKKARA KUMARAPURAM P.O., ERNAKULAM-683 565.

5.

MICHAEL P.P PUTHAN PURACKAL (H), VELLANGAL THOPPU, THRIPOONITHURA PIN-682 301.

6.

MARINE COATINGS VELIYATHUPARAMBIL HOUSE, PARAKKADAVU.P.O., ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR SRI.V.V.AUGUSTINE.

7.

MAXSUN COATINGS, KAHAMKOMBIL BUILDINGS, NADAKKAVU.P.O.

THRIPOONITHURA-682 307 REPRESENTED BY ITS MANAGING PARTNER, SRI K.M.JOSE.

WA15/14 8.

BOBAN MANI ERUPOOLUMKATTIL(H), MANNATHOOR.P.O.

PAMPAKUDA-686 723.

9.

M.N.ELECTRICALS & INSTRUMENTATION SREEVILAS, KARIKODE.P.O., PERUVA KOTTAYAM-686 610, REPRESENTED BY ITS PROPRIETOR M.N.SREEDHARAN NAIR.

10. P.K.HASSAN PULICKAL(H), CHERUVATTOOR.P.O., KOTHAMANGALAM ERNAKULAM-686 691.

11. M.M.MATHAI KANJIRATHUNGAL(H), MUDAKUZHA.P.O.

PERUMBAVOOR-683 546.

12. ANTONY T.X THARAYIL(H), SOUTH MOOLAMKUZHY, MUNDAMVELI.P.O.

KOCHI-682 007.

13. SEA MARINE ENGINEERING PATTALATHU(H), KATTIPARAMBU, KANNAMALE.P.O.

KOCHI-682 008 REPRESENTED BY ITS PROPRIETOR SRI ALEXANDER P.R.

14. JIJO MARINE KANNAMPUZHA ARIKADAN (H), PUTHANCHIRA EAST.P.O.

THRISSUR-680 682 REPRESENTED BY ITS PROPRIETOR SRI JIJO JACOB.

15. UNITED PAINTING COMPANY DHANYA BUILDING, NEAR RAVIPURAM TEMPLE ARCH KOCHI-682 016 REPRESENTED BY ITS MANAGING PARTNER SRI.S.HARSHAKUMAR.

16. U.J.MARINE ENGINEERING VADAKKUMPADAN (H), MURINGOOR.P.O., THRISSUR-680 306 REPRESENTED BY ITS MANAGING PATNER, SRI JOSEPH O.V.

17. KETEES ENTERPRISES KAVALAKKATTU(H), MAMBRA, KARUKUTTY.P.O.

PIN - 683 576, REPRESENTED BY ITS PROPRIETOR SRI K.T.DEVASSY.

BY ADVS.SRI.G.SRIKUMAR (SR) SRI.P.G.JAYASHANKAR

WA 615/14 RESPONDENT(S)/RESPONDENTS IN WP[C]:

------------------------------------ 1.

UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE ROOM NO.34C, NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI-110 001.

2.

CENTRAL BOARD OF EXCISE AND CUSTOMS MINISTRY OF FINANCE, DEPARTMENT OF REVENUE CENTRAL REVENUE BUILDINGS, I.P.ESTATE NEW DELHI-110 001.

3.

THE COMMISSIONER OF CENTRAL EXCISE C.R.BUILDINGS, I.S.PRESS ROAD, COCHIN-682 018. 4.

MINISTRY OF SHIPPING REPRESENTED BY ITS SECRETARY, TRANSPORT BHAVAN 1 SANSAD MARG, NEW DELHI-110 001.

5.

COCHIN SHIPYARD LTD.

PERUMANOOR.P.O., COCHIN-682 015 REPRESENTED BY ITS MANAGING DIRECTOR.

R2-R3 BY ADV. SRI.SAIBY JOSE KIDANGOOR R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.P.GOPINATH R5 BY ADV. SRI.P.BENNY THOMAS R5 BY ADV. SRI.K.JOHN MATHAI R1&R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA 615/14 APPENDIX APPELLANTS' ANNEXURES ANNEXURE A :

COPY OF CERTIFICATE ISSUED BY R5 ALONG WITH THE DETAILS OF THE CHALLAN.

ANNEXURE B :

COPY OF LETTER BEARING NO.FIN/T&I/5613/12 DATED 22.07.2013 ISSUED BY R5 TO R2.

ANNEXURE C :

COPY OF ORDER IN ORIGINAL BEARING NO.4/2014 DATED 05.03.2014.

RESPONDENTS' EXHIBITS ANNEXURE R4(A) :

COPY OF OFFICE MEMORANDUM DATED 21.08.2014.

ANNEXURE-R5(a) :

COPY OF STATEMENT SHOWING THE MODE OF DISCHARGE OF SERVICE TAX ON THE ACTIVITY BY THE 5TH RESPONDENT DATED 03.01.2012.

//TRUE COPY// PA TO JUDGE.

jg

THOTTATHIL B.RADHAKRISHNAN & K.HARILAL, JJ.

.................................................................... W.A.No.615 of 2014 .................................................................... Dated this the 7 th day of April, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

This appeal is by the writ petitioners in WP(C) No.30102 of 2012. Issue raised by them before the learned single Judge was decided relegating the petitioners to raise all their contentions in statutory appeals. With the passage of time, the statutory appeals have been decided, it is submitted. This writ appeal, therefore, does not survive for consideration. All that is required is to preserve all contentions of the writ appellants to be agitated in WP (C) No.26035 of 2014 or in any other proceedings, as may be found necessary. Preserving all such contentions, this writ appeal is dismissed as infructuous.

(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (K.HARILAL, JUDGE) jg