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2025 DAILYLAW 5327 (KER)

ISMAIL HAJI v. STATE OF KERALA

WP(C)/11898/2025 · 2025-03-28

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26766 WP(C) NO. 11898 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11898 OF 2025 PETITIONER: ISMAIL HAJI AGED 93 YEARS S/O MUHAMMED, JAMEELA MANZIL, THANA P.O., KANNUR DISTRICT, PIN - 670012 BY ADVS. MANAS P HAMEED IPSITA OJAL T.H.RAIHANATH AMALJITH RESPONDENTS: 1 STATE OF KERALA TAXES (J) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM , REPRESENTED BY SECRETARY, PIN - 695001 2 THE DISTRICT REGISTRAR , THALASSERY OFFICE OF THE REGISTRAR, GUNDERT ROAD, THALASSERY P.O.,KANNUR DISTRICT, PIN - 670101 SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26766 WP(C) NO. 11898 OF 2025 2 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 11898 of 2025 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The prayer in this writ petition is for a direction to the respondents to adjust the 25% amount which is already remitted by the petitioner as evidenced by Ext.P4 and to allow the petitioner to pay the balance 25% to settle the liability under the compounding scheme introduced as per Ext.P5 Government order. 2. The Government Pleader on instructions submitted that the 25% which is already under deposit can be adjusted towards the payment due under the compounding scheme, provided the petitioner withdraws the appeals which have been preferred before the District Court, Thalassery as CMA Nos. 21, 22, 23, 24 and 25 of 2024. In the circumstances, this writ petition is disposed 2025:KER:26766 WP(C) NO. 11898 OF 2025 3 of. The petitioner is permitted to adjust 25% of the amount which is remitted as per Ext.P4 towards the amount payable under the compounding scheme and avail the benefit of the scheme by paying the balance 25% under the compounding scheme introduced by Ext.P5 Government order. There will be a direction to the petitioner to withdraw the CMA Nos. 21, 22, 23, 24 and 25 of 2024, which have been initiated before the District Court, Thalassery immediately. Sd/- T.R.RAVI JUDGE LEK 2025:KER:26766 WP(C) NO. 11898 OF 2025 4 APPENDIX OF WP(C) 11898/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.SM/08/2022/VPM DATED 01.03.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P1(a) A TRUE COPY OF THE ORDER NO.SM/09/2022/VPM DATED 11.05.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P1(b) A TRUE COPY OF THE ORDER NO.SM/10/2022/VPM DATED 11.05.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P1(c) A TRUE COPY OF THE ORDER NO.SM/06/2022/VPM DATED 09.05.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P1(d) A TRUE COPY OF THE ORDER NO.SM/07/2022/VPM DATED 11.05.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE COMMON JUDGMENT DATED 04.07.2024 PASSED BY THIS HON’BLE COURT IN W.P.(C).NO. 11069/2024,W.P. (C).NO.11104/2024,W.P. (C).NO.11290/2024,W.P.(C).NO.11292/2024 AND W.P.(C).NO.11358/2024 Exhibit P3 A TRUE COPY OF THE STATUS REPORT FROM E-COURT WEBSITE DATED 20.03.2025 Exhibit P4 TRUE COPIES OF THE TREASURY RECEIPTS DATED 11.07.2024 Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(P).NO.167/2024/TAXES DATED 19.11.2024 (PUBLISHED IN KLT) 2025:KER:26766 WP(C) NO. 11898 OF 2025 5 Exhibit P6 A TRUE COPY OF THE REPRESENTATIONS DATED 08.03.2025 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT