High Court Kerala High Court

M/S.Nest Condiments vs The Assistant Commissioner … on 7 July, 2010

Kerala High Court
M/S.Nest Condiments vs The Assistant Commissioner … on 7 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21028 of 2010(C)


1. M/S.NEST CONDIMENTS, THENGOE P.O.,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER (AUDIT
                       ...       Respondent

2. THE DEPUTY COMMISSIONER OF COMMERCIAL

3. THE INSPECTING ASSISTANT COMMISSIONER,

                For Petitioner  :SRI.K.SRIKUMAR

                For Respondent  : No Appearance

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

 Dated :07/07/2010

 O R D E R
                   P.R.RAMACHANDRA MENON, J
                  ---------------------------
                     W.P(C) No.21028 of 2010-C
                 ----------------------------
                Dated this the 7th day of July, 2010.

                          J U D G M E N T

Being aggrieved of Ext.P1 assessment order passed by the first

respondent, the petitioner has filed Ext.P2 appeal, along with Ext.P3

petition to condone the delay in filing the same and also

accompanied by Ext.P4 petition for stay, which are pending

consideration before the second respondent.

2. The grievance of the petitioner is that, without any

regard to the pendency of the said proceedings, the third

respondent has initiated recovery proceedings invoking the

provisions under the Revenue Recovery Act, as borne by Ext.P5,

which is sought to be intercepted by this Court.

3. Heard the learned Government Pleader as well.

4. Considering the facts and circumstances, the second

respondent is directed to consider and pass appropriate orders on

Exts.P3 and P3 interlocutory applications, in accordance with law, as

expeditiously as possible, at any rate within one month from the

date of receipt of a copy of this judgment. It is made clear that till

W.P(C) No.21028 of 2010-C 2

appropriate orders are passed on Exts.P3 and P4 interlocutory

applications, all further proceedings pursuant to Ext.P5 shall be

kept in abeyance.

The Writ Petition is disposed of.

Sd/-

P.R.RAMACHANDRA MENON
JUDGE

//True Copy//

P.A to Judge
ab

W.P(C) No.21028 of 2010-C 3