High CourtsSingle Bench(2024) 01 KL CK 0161

J.M.Transport vs State Of Kerala

High Court Of Kerala · Decided on 22 January 2024

HON’BLE JUDGES
Dinesh Kumar Singh, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 12696 Of 2022

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Judgment

7 paragraphs · 275 words

Dinesh Kumar Singh, J

1.

The present writ petition has been filed seeking the following reliefs:-

“(i)Call for records leading to issuance of Exhibit P-6 Notice dated 27/10/2021 from the 2nd respondent and issue a writ of certiorari or any other appropriate writ, Order or Direction, to quash Exhibit.P-6 Notice, holding that the Notice under Section 130 of the Central Goods and Service Act 2017 not issued to the Registered Owner of Lorry Bearing No. TN/34/AD/1723 and proceed afresh after hearing the petitioner and other concerned parties, so as to secure the ends of justice.

(ii)Issue a writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents 2 and 3 to release Lorry No.TN/34/AD/1723 to the petitioner.”

2.

Ms. Reshmita Ramachandran, the learned Government Pleader submits that the writ petition has been rendered as infructuous, inasmuch as the adjudication has taken place in pursuance to Ext.P6 notice dated 27.10.2021. The adjudication order dated 14.06.2022 has already placed on record with the counter affidavit.

3.Considering the aforesaid facts that the adjudication order has been passed in the impugned P6 notice, the present memo has been filed for dismissing the writ petition as not pressed, with liberty to the petitioner to file a fresh writ petition. Since, the adjudication order is an appealable order, this court does not find any ground to grant liberty to the petitioner to file the writ petition. Therefore, the writ petition is dismissed with liberty of the petitioner to take recourse to any remedy as may be available to him, against the adjudication order dated 14.06.2022.

With the aforesaid direction, the writ petition stands dismissed as not pressed.