High Court of KeralaWP(C)/31808/2014disposed of

M/S.Arc Constructions v. State Of Kerala

2015-05-29Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 31808 of 2014 (A) ---------------------------- PETITIONER :

----------------------- M/S.ARC CONSTRUCTIONS, VARIKKODAN BUILDINGS, DOOR NO.15/395, INDUSTRIAL ESTATE ROAD, NEAR LIC, MANJERI, REP. BY ITS MANAGING PARTNER SRI.FAISAL.V.

BY ADV. SRI.N.K.SANATH KUMAR RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPT. OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001.

2. INTELLIGENCE OFFICER (IB), OFFICE OF THE INSPECTING ASST. COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES, KOTTAYAM-686 001.

*ADDL.R3 IMPLEADED *ADDL.R3: INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, MANJERI-676 121.

*ADDL.R3 IMPLEADED AS PER DATED 27/03/2015 IN IA.NO.4061/2015. BY SR GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 31808 of 2014 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF RETURN FOR THE PERIOD JAN-MARCH (2011-12) P2:

COPY OF RETURN FOR THE PERIOD JUL-SEP (2011-12) P3:

COPY OF RETURN FOR THE PERIOD OCT-DEC (2011-12) P4:

COPY OF RETURN FOR THE PERIOD JAN-MARCH (2012-13) P5:

COPY OF LETTER DATED 11.5.2013 ISSUED BY MDC BANK. P6:

COPY OF NOTICE DATED 24.4.2014.

P7:

COPY OF ADJOURNMENT LETTER DATED 10.5.2014.

P8:

COPY OF PROOF OF DELIVERY DATED 13.5.2014 OF THE COURIER. P9:

COPY OF OBJECTION TO EXT.P1 DT. 28.5.2014.

P10:

COPY OF PENALTY ORDER DATED 31.5.2014.

P11:

COPY OF DEMAND NOTICE DATED 20.8.2014.

12:

COPY OF THE NOTICE NO.RRC 45/2014-15 DATED 11/2/2015 ISSUED BY INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, MANJERI RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.31808 OF 2014 ......................................................................... Dated this the 11th December, 2014

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"A. to issue a writ of certiorari or any appropriate writ quashing Ext.P10 penalty order as illegal and unsustainable.

B. to issue such other order or directions as this Hon'ble Court may deem fit to grant in the circumstances of the case."

2. When the matter was taken up for consideration on 04.12.2014, there was no representation for the petitioner. Today also there is nobody to represent the petitioner. It appears that the petitioner has lost interest in the cause of action projected in this writ petition. Accordingly, the writ petition is dismissed for non-prosecution.

P.R.RAMACHANDRA MENON JUDGE lk