IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4903 of 2008(H)
1. L.LEENA, MANAGING PARTNER NECTAR LAB
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE ASSISTANT SECRETARY
3. THE SALES TAX OFFICER, KALPETTA.
4. THE DEPUTY TAHSILDAR (R.R), VYTHIRI.
For Petitioner :SRI.A.KRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 4903 OF 2008 - H
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Dated this the 11 th February, 2008
J U D G M E N T
Petitioner submits that against Ext. P1 order of assessment, he
had filed an appeal to the Deputy Commissioner and that the same
was rejected. It is stated that aggrieved by the said order he had
filed further appeal to the 2nd respondent and that is Ext. P2.
Petitioner also submits that along with Ext. P2, Ext. P3 stay petition
has been filed. While the stay petition is also pending consideration
of the 2nd respondent, Ext. P4 revenue recovery notice has been
issued for realising the amount due in terms of Ext. p1 and hence
this writ petition is filed.
2. In view of the pendency of the appeal and the stay petition
before the 2nd respondent, I feel that further proceedings pursuant
to Ext. P4 should be only after the 2nd respondent considering Ext.
P3 stay petition filed by the petitioner along with Ext. P2 appeal.
Accordingly, I direct that the 2nd respondent shall take up and
W.P.(C) No. 4903 OF 2008 -2-
consider Ext. P3 stay petition as expeditiously as possible, at any
rate within 4 weeks of production of a copy of this judgment. In the
meantime, further proceedings pursuant to Ext. P4 will stand
deferred for a period of 6 weeks from today.
Writ petition is disposed of as above.
Petitioner shall produce a copy of this judgment before the 2nd
respondent for compliance.
ANTONY DOMINIC
JUDGE
jan/-