High Court Kerala High Court

M/S.P.T.Antony And Sons vs The Assistant Commissioner (Aa) on 10 July, 2009

Kerala High Court
M/S.P.T.Antony And Sons vs The Assistant Commissioner (Aa) on 10 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19370 of 2009(M)


1. M/S.P.T.ANTONY AND SONS,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER (AA),
                       ...       Respondent

2. THE DEPUTY COMMISSIONER(APPEALS),

3. THE INSPECTING ASST. COMMISSIONER,

                For Petitioner  :SRI.V.P.SUKUMAR

                For Respondent  : No Appearance

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

 Dated :10/07/2009

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
               ........................................................................
                  W.P.(C) No. 19370 OF 2009
              .........................................................................
                        Dated this the 10th July, 2009


                                  J U D G M E N T

Challenging Ext. P1 assessment order passed by the

respondent in respect of the assessment year 2006-07, the

petitioner has already approached the appellate authority by

filing Ext. P2 appeal along with Ext.P3 petition for stay. The case

of the petitioner is that it is without any regard to the pendency

of the above proceedings before the second respondent that the

third respondent has chosen to proceed with recovery

proceedings under the Revenue Recovery Act as borne by Ext.

P4, which in turn has been subjected to challenge in the present

Writ Petition.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the second

respondent is directed to consider and pass appropriate orders

on Ext. P2 memorandum of appeal as well as Ext.P3 petition for

W.P.(C) No. 19370 OF 2009

2

stay, as expeditiously as possible, in accordance with law.

However, it is made clear that till such appropriate orders are

passed on Ext. P3 petition for stay, all further coercive steps

pursuant to Ext. P4 shall be kept in abeyance.

The Writ Petition is disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

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