The Thiruvambady Devaswom v. Commercial Tax Offier, (Lt)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 WP(C).No. 11740 of 2012 (N) ---------------------------- PETITIONER :
----------------------- THE THIRUVAMBADY DEVASWOM ROUND WEST, THRISSUR, REPRESENTED BY ITS SECRETARY VIJAYAN C.
BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V. MENON SRI.MAHESH V. MENON RESPONDENT(S) :
----------------------------
1. COMMERCIAL TAX OFFIER (LUXURY TAX) DEPARTMENT OF COMMERCIAL TAXES, THRISSUR-680 001.
2. INSPECTING ASST. COMMISSIONER DEPARTMENT OF COMMERCIAL TAXES, THRISSUR- 680 001.
R1 & R2 BY GOVT. PLEADERSRI. LIJU V. STEPHEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 11740 of 2012 (N) APPENDIX PETITIONERS' EXHIBITS :
-------------------------------------- EXHIBIT-P1.
COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.05.09.2011. EXHIBIT-P2.
TRUE COPY OF ORDER ISSUED BY THE COMMERCIAL TAX OFFICER, THRISSUR DT.16.01.2012.
EXHIBIT-P3.
TRUE COPY OF JUDGMENT IN WP(C) NO.6134/12 OF THIS HON'BLE COURT DTD.30.03.2012.
EXHIBIT-P4.
TRUE COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD.05.04.2012.
EXHIBIT-P5.
TRUE COPY OF ORDER PASSED BY THE 1ST RESPONDENT DTD.25.04.2012.
EXHIBIT-P6.
TRUE COPY OF PHOTOGRAPH OF THE TEMPLE IN FROM OF THE AUDITORIUM.
RESPONDENTS' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 11740 of 2012 ===================================================== Dated this the 26th day of November, 2015
JUDGMENT
It is submitted by the learned counsel for the petitioner that the issue involved in this writ petition is squarely covered in favour of the petitioner by the decision of the Division Bench of this Court in Sree Narayana Dharma Samajam v. Commercial Tax Officer and Another [2015 (5) KHC 120]. This fact is accepted by the learned Government Pleader on instructions. Accordingly, following the aforesaid decision of the Division Bench of this Court, the writ petition is allowed by quashing Ext.P5 order with consequential reliefs to the petitioner.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /26.11.15