Rajkumar Kejriwal vs Fast Track Team No.Ii on 16 June, 2009

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Kerala High Court

Rajkumar Kejriwal vs Fast Track Team No.Ii on 16 June, 2009

Bench: P.R.Ramachandra Menon

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15358 of 2009(L)


1. RAJKUMAR KEJRIWAL,
                      ...  Petitioner

                        Vs



1. FAST TRACK TEAM NO.II,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

                For Petitioner  :SRI.N.MURALEEDHARAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :16/06/2009

 O R D E R
                  P.R. RAMACHANDRA MENON J.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                      W.P. (C) No.15358 of 2009
                     ~~~~~~~~~~~~~~~~~~~~~~~
                Dated, this the 16th day of June, 2009

                              JUDGMENT

The grievance of the petitioner is that, the assessments finalized by the first respondent under the KGST Act, in respect of the assessment years 2002-'03 and 2003-'04 are not in conformity with the Statute and Ext.P8 judgment, where it is specifically stipulated that the Fast Track Assessment shall be made by a team consisting of 4 members and that it shall bear the signature of all the members. The petitioner has also challenged the Constitutional validity of Subsection 5 of Section 17 D of the KGST Act.

2. The challenge raised by the petitioner against the constitutional validity of Subsection 5 of the Section 17 D of the KGST Act has already been answered in favour of the department as per the decision rendered by this Court in Vianni Papers Vs Fast Track Team (2008 (2) KLT 511.)

3. The impugned orders, though stated as passed by 4 members, contain signature of only 3 persons. The learned Government Pleader appearing for the respondents, on instructions, submits that the original file contains the signature of all the 4 members and that the decision was taken by all the 4 members unanimously, which appears to be a mystery. This Court does not intend to express any opinion on the statement/explanation made on behalf of the respondents. WP (C) No. 15358 of 2009 : 2 :

3. Considering the facts and circumstances, Ext.P5 and Ext.P6 impugned in the present Writ Petition are set aside and the first respondent is directed to reconsider the matter and pass fresh orders, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 2 months from the date of receipt of a copy of this judgment. It is also made clear that, till such orders are passed, all further coercive steps, if any, pursued against the petitioner shall be kept in abeyance.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON, JUDGE kmd

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