By Advs.sri.harisankar v. Menonsmt.meera V.menonsmt.k.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941 WP(C).No.5551 OF 2019(T) PETITIONER: RAGHAVAN NAIR'GOKULAM', VIJAYALAKSHMI MANDIRAM, KANNAMKULAM TEMPLE ROAD, CHALAKUDY EAST, CHALAKUDY P.O., THRISSUR DISTRICT - 680 307. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENTS: 1THE ASST.COMMISSIONER OF INCOME TAX,CIRCLE - 2 (1), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001.2DEPUTY CHIEF ENGINEER (CONSTRUCTIONS)SOUTHERN RAILWAY, SALEM - 636 005. R1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAXR2 BY SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS SMT MARIA ELIZABETH WILSON FOR SRI.S.ANANTHANKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Heard Smt. Krishna K., the learned counsel for thepetitioner, Sri. Jose Joseph, the learned counsel for thefirst respondent and Smt. Maria Elizabeth Wilson forSri. S. Ananthakrishnan, the learned Standing Counselfor the second respondent. 2.The petitioner prays for the following reliefs:- "(i)To direct the 1st respondent to grant credit for thetax deducted at source while making payments tothe petitioner herein as evidenced by Exts.P1 andP1(o) by the issue writ of mandamus or such otherwrit or order or direction. tax deducted at source while making payments tothe petitioner herein as evidenced by Exts.P1 andP1(o) by the issue writ of mandamus or such otherwrit or order or direction. (ii)To direct the 1st respondent to pass orders onexhibits P4 and P5 applications as expeditiously aspossible by the issue of a writ of mandamus orsuch other writ or order or direction. exhibits P4 and P5 applications as expeditiously aspossible by the issue of a writ of mandamus orsuch other writ or order or direction. (iii)To grant the petitioner such other incidental reliefsincluding the costs of these proceedings." including the costs of these proceedings." 3.Adv. Sri. Jose Joseph, appearing for the first respondent referring to written instructions dated18.07.2019 states that the first respondent has re-examined the issue, a decision taken for granting refundof Rs. 1,85,950/- and now steps are taken to transferthe amount to the credit of petitioner's bank account. WP(C).No.5551 OF 2019(T) 3 According to him, the grievance is substantiallyredressed by the first respondent himself. Therefore, thecause does not survive. 4.Adv. Smt. Krishna K. requests the Court toplace the statement on record and dispose of the writpetition. Adv. Smt. Krishna K. requests the Court to The writ petition is disposed of by accepting the statement made on behalf of the first respondent, Thepetitioner, if does not get the relief within eight weeksfrom today, the petitioner is given liberty to file anapplication for recalling the instant judgment. sd/- S.V.BHATTI JUDGE DCS APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 01-06-2006. EXHIBIT P1 AEXHIBIT P1 BEXHIBIT P1 CEXHIBIT P1 DEXHIBIT P1 E COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 19-10-2006.COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 15-12-2006 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 08-12-2006. COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 28-12-2006 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 23-02-2007 EXHIBIT P1 FEXHIBIT P1 GEXHIBIT P1 HEXHIBIT P1 IEXHIBIT P1 JEXHIBIT P1 KEXHIBIT P1 LEXHIBIT P1 MEXHIBIT P1 NEXHIBIT P1 OEXHIBIT P1 GEXHIBIT P1 HEXHIBIT P1 IEXHIBIT P1 JEXHIBIT P1 KEXHIBIT P1 LEXHIBIT P1 MEXHIBIT P1 NEXHIBIT P1 O COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 10-04-2007 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 30-04-2007 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 19-10-2006.COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 15-12-2006 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 08-12-2006. COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 28-12-2006 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 23-02-2007 EXHIBIT P1 FEXHIBIT P1 GEXHIBIT P1 HEXHIBIT P1 IEXHIBIT P1 JEXHIBIT P1 KEXHIBIT P1 LEXHIBIT P1 MEXHIBIT P1 NEXHIBIT P1 OEXHIBIT P1 GEXHIBIT P1 HEXHIBIT P1 IEXHIBIT P1 JEXHIBIT P1 KEXHIBIT P1 LEXHIBIT P1 MEXHIBIT P1 NEXHIBIT P1 O COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 10-04-2007 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 30-04-2007 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 20-03-2007 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 08-05-2006 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 01-03-2007 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 21-04-2006THE 2ND RESPONDENT DATED 21-04-2006 COPY OF CERTIFICATE IN FORM 16A ISSUED BY THE 2ND RESPONDENT DATED 31-05-2007