IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19229 of 2008(L)
1. ANEETTE KURIAN, , HIGH CREST ESTATE
... Petitioner
Vs
1. INTELLIGENCE OFFICER,
... Respondent
2. DEPUTY COMMISSIONER (APPEALS)
3. DHANALAKSHMI BANK
For Petitioner :SRI.ARIKKAT VIJAYAN MENON
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :26/06/2008
O R D E R
K.M. JOSEPH, J.
````````````````````````````````````````````````````
W.P.(C) No. 19229 OF 2008 L
````````````````````````````````````````````````````
Dated this the 26th day of June, 2008
J U D G M E N T
Petitioner seeks quashing of Ext.P3 order and a direction
to dispose of Ext.P4 appeal and Ext.P5 stay petition. Ext.P3 is an
order of the 1st respondent, Intelligence Officer, imposing penalty.
The petitioner has already furnished a Bank Guarantee. The
petitioner has filed Ext.P4 appeal and Ext.P5 stay petition before the
2nd respondent.
2. Having heard both sides, the writ petition is disposed of
directing the 2nd respondent to consider and take a decision on Ext.P5
stay petition, in accordance with law within a period of three weeks
from the date of receipt of a copy of this judgment. Till such decision
is taken, the Bank Guarantee furnished by the petitioner will not be
enforced. The petitioner will produce a copy of this judgment before
the 2nd respondent as soon as it is received. It will be open to the
petitioner to contend before the appellate authority that, upon the
petitioner keeping alive the Bank Guarantee till the proceedings are
completed, stay may be granted.
(K.M.JOSEPH, JUDGE)
aks