High Court Kerala High Court

Rubian Exports vs The Sale Tax Officer on 2 September, 2010

Kerala High Court
Rubian Exports vs The Sale Tax Officer on 2 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13749 of 2007(J)


1. RUBIAN EXPORTS,
                      ...  Petitioner
2. M/S.AYSHA ICE,

                        Vs



1. THE SALE TAX OFFICER,
                       ...       Respondent

2. APPELLATE ASSISTANT COMMISSIONER OF

3. DEPUTY TASILDAR (R.R),

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.ALIAS M.CHERIAN

                For Respondent  : No Appearance

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

 Dated :02/09/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                    W.P.(C) No. 13749 OF 2007
              .........................................................................
                  Dated this the 2nd September , 2010



                                   J U D G M E N T

The petitioners were assessees on the rolls of the first

respondent . The assessment in respect of the assessment year

1994-95 was completed as per Ext. P1 order, which was

subjected to challenge by filing Ext.P2 appeal, along with Ext.P3

petition for stay. Without any regard to the pendency of the

above proceedings, coercive steps were taken against the

petitioners as borne by Ext.P4 revenue recovery notice, which

made the petitioners to approach this Court earlier by filing

O.P.No.26364 of 1998 culminating in Ext. P5 judgment, whereby

the appellate authority was directed to consider and pass

appropriate orders in the petition for stay.

2. In the course of the above proceedings, the petitioners

sold a portion of his property to a stranger, as per sale deed

No.1179 of 2007 of the SRO, Kuthiathode . But when the

W.P.(C) No. 13749 OF 2007

2

transferee approached the revenue authorities to effect

‘mutation’, it was not entertained, stating that recovery

proceedings had already been initiated against the petitioners

herein, i.e., vendors to Ext. P6 sale deed and as such, no

mutation of the property was possible, which made the

petitioners to approach this Court by filing this Writ Petition, as

insisted to be got settled, by the transferee of the property.

3. The learned Counsel for the petitioners submits that,

considering the need of the hour, the petitioners have already

satisfied the entire tax liability, without prejudice to the rights

and liberties of the petitioners in the appeal. The learned

Counsel submits that Ext.P2 appeal preferred about 13 years

back is still in cold storage and seeks for a direction to be

given to the appellate authority to consider and finalise the

matter.

4. Heard the learned Government Pleader as well.

5. No counter affidavit has been filed with regard to the

averments raised in the Writ Petition or as to the position as on

date.

W.P.(C) No. 13749 OF 2007

3

6. In the above circumstances, the second

respondent/concerned appellate authority is directed to finalise

Ext.P2 appeal , if the same is still to be finalised, after giving an

opportunity of hearing to the petitioner, as expeditiously as

possible, at any rate within one month from the date of receipt

of a copy of the judgment. On the finalisation of the appeal, if it

is found that any amount is to be refunded to the petitioners, it

shall be caused to be disbursed in accordance with law, within

one month thereafter.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

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