High CourtsSingle Bench(2012) 07 KL CK 0061

Majeed P.V. vs The Commercial Tax Officer, Department of Commercial Taxes, Kothamangalam P.O., Ernakulam District-686 651

High Court Of Kerala · Decided on 17 July 2012

HON’BLE JUDGES
P.R. Ramachandra Menon, J
CASE NUMBER
Writ Petition (C) . No. 16675 of 2012 (H)

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Judgment

16 paragraphs · 281 words

Justice P.R. Ramachandra Menon

APPENDIX

PETITIONER''S EXHIBITS:

EXHIBIT P1:

A true copy of the judgment dated 3.6.2011 in w.p.(c)no.10796 of 2011 passed by this honourable court

EXHIBIT P2:

A true copy of the judgment dated 25.10.2011 in writ appeal No. 1570 of 2011 passed by this honourable court

RESPONDENTS'' EXHIBITS:

NIL

1.

The petitioner has approached this Court with the following

prayers:

i. Issue a writ of mandamus directing the respondents to extent the benefit of Exhibit P2 judgment to the petitioners herein and permit them to transport sand manufactured out of weathered rock on the strength of delivery note or sale bill prescribed under the Kerala Value Added Tax Act and Rules.

ii) Issue a writ of mandamus directing the respondent to consider and pass orders on exhibit P3 application submitted by the petitioner in accordance with the dictum laid down by this Honourable Court in Exhibit P2 judgment within a time frame; and

iii) issue such other reliefs which this Honourable Court may deem fit and appropriate in the facts and circumstances of this case.

The learned Counsel for the petitioner submits that the only relief now pressed before this Court is to direct the respondent to consider Ext.P3 application in the light of Ext.P2 judgment.

2.

Heard the learned Government Pleader as well. Considering the limited nature of the relief prayed for, this Court does not find it necessary to go into the facts and figures or to adjudicate the issue on merits. The writ petition is disposed of, directing the respondent to consider Ext.P3 and pass appropriate orders, in the light of Ext.P2 judgment and such other relevant materials, in accordance with law, as expeditiously as possible.