IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 645 of 2009()
1. MR.JAISON KARAKKATTU,
... Petitioner
Vs
1. THE INTELLIGENCE OFFICER,
... Respondent
2. THE TAHSILDAR, REVENUE RECOVERY,
3. THE COMMISSIONER OF COMMERCIAL TAXES,
4. STATE OF KERALA,
5. DEPUTY DIRECTOR (R.I),
For Petitioner :SRI.DALE P.KURIEN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :17/03/2009
O R D E R
P.R.RAMAN & P.S.GOPINATHAN, JJ.
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W.A.No.645 of 2009
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Dated this the 17th March, 2009
J U D G M E N T
Raman, J.
As against the imposition of penalty, the appellant
had already invoked the appellate remedy before the Deputy
Commissioner of Appeals and also filed a stay petition. Earlier,
he had filed a writ petition, W.P.(C) No.37256 of 2008, and this
Court has directed to dispose of the stay petition filed before the
appellate authority and the appellate authority has also granted a
stay. The appellant has again come up before this Court by filing
the present writ appeal challenging the very same penalty order,
which he has already challenged in the appeal. According to him,
the penalty imposed is without jurisdiction, which contention, he
can raise before the Deputy Commissioner of Appeals. Appellate
authority is also competent to grant relief to him on such
ground, if it is proved that the order is passed without any notice
to him. The learned Single Judge, in such circumstances,
WA.No.645 OF 2009
2
relegated the petitioner to pursue his remedies before the
appellate authority. We do not find any error in the order
passed by the learned Single Judge. The Writ Appeal is
accordingly dismissed.
P.R.RAMAN, JUDGE
P.S.GOPINATHAN, JUDGE.
nj.