High Court Kerala High Court

K.Sunil Kumar vs The Commissioner on 11 March, 2008

Kerala High Court
K.Sunil Kumar vs The Commissioner on 11 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8157 of 2008(U)


1. K.SUNIL KUMAR,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER,
                       ...       Respondent

2. COMMERCIAL TAX OFFICER,

3. THE DY. TAHSILDAR (R.R.),

                For Petitioner  :SRI.S.SOMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/03/2008

 O R D E R
                         ANTONY DOMINIC, J.

                = =W.P.(C) = = = = = = = = = = =
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                              No. 8157 OF 2008 U
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                  Dated this the 11th March, 2008

                             J U D G M E N T

Petitioner contends that he is totally unconnected with the

assessee in Ext. P1 order of assessment. However, revenue recovery

proceedings have been initiated by Ext. P2 and thereupon the

petitioner raised his objections before the District Collector by filing

Ext. P3 objection. It is at that stage this writ petition has been filed.

2. Having regard to the fact that the petitioner has raised his

objections to the continuance of the revenue recovery proceedings

agianst him by filing Ext. P3 before the District Collector, Kollam, I

feel, the appropriate course to be adopted is to direct the District

Collector, Kollam to consider Ext. P3 objection and take a decision

thereon. Accordingly, I dispose of this writ petition directing that

the District Collector, Kollam before whom Ext. P3 has been filed,

shall decide on the objection filed by the petitioner with notice to

him. This, the District Collector, Kollam, shall do as expeditiously

W.P.(C) No.8157 OF 2008 -2-

as possible, at any rate within 4 weeks of production of a copy of

this judgment. In the meantime, further proceedings pursuant to

Ext. P1 shall not be continued as against the petitioner.

Petitioner shall produce a copy of this judgment along with a

copy of the writ petition before the District Collector, Kollam, in

order to enable him to comply with the direction as above.

ANTONY DOMINIC
JUDGE
jan/-