M.K.Jibinshah vs Intelligence Officer(Ib) on 18 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26459 of 2009(B)



1. M.K.JIBINSHAH
                      ...  Petitioner

                        Vs

1. INTELLIGENCE OFFICER(IB)
                       ...       Respondent

                For Petitioner  :DR.K.B.MUHAMED KUTTY (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :18/09/2009

 O R D E R
                   C.K.ABDUL REHIM, J
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                 W.P(C) No. 26459 of 2009
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        Dated this the 18th day of September, 2009

                        J U D G M E N T

1. Against Ext.P1 and P2 orders imposing penalty

with respect to the years 2007-08 and 2008-09, the

petitioner preferred appeals before the second respondent

as evidenced by Exts.P3 and P4. Along with the appeals the

petitioner had also filed Exts.P5 and P6 stay petitions. The

appeals as well as the stay petitions are pending disposal

before the second respondent. Complaint of the petitioner

is that pending disposal of the appeal, steps are now being

initiated for realisation of the amounts covered under

Exts.P1 and P2, pursuant to notice issued as per Ext.P7,

under the Kerala Revenue Recovery Act. Hence the

petitioner is seeking directions for early disposal of the

appeals and also for keeping in abeyance step initiated for

realising the amount till the disposal of the appeals.

2. Heard, learned counsel for the petitioner and

learned Government Pleader appearing for the respondents.

Having considered the facts and circumstances, I am of the

W.P(C) No. 26459 of 2009
2

opinion that the writ petition can be disposed of directing

the second respondent to consider and dispose of the

appeals as well as the stay applications.

3. Therefore the writ petition is disposed of directing

the second respondent to consider and pass orders of

Exts.P5 and P6 stay petitions, after affording opportunity of

hearing to the petitioner, as early as possible, at any rate

within a period of one month from the date of receipt of a

copy of this judgment. Respondents are restrained from

taking any further steps of recovery for realisation of

amount covered under Exts.P1 and P2 penalty orders, till

the second respondent passes orders on the stay

applications. The petitioner will produce a copy of this

judgment before the second respondent.

C.K.ABDUL REHIM
JUDGE

app/-