M/S.Damodar Cashew Company vs Asst.Commissioner on 11 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35850 of 2009(A)



1. M/S.DAMODAR CASHEW COMPANY
                      ...  Petitioner

                        Vs

1. ASST.COMMISSIONER, KASARGOD & OTHERS
                       ...       Respondent

                For Petitioner  :SRI.HARISANKAR V. MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :11/12/2009

 O R D E R
                     C.K.ABDUL REHIM, J.

                     ------------------------------
                  W.P.(C).No.35850 OF 2009
                     ------------------------------

          Dated this the 11th day of December, 2009


                         J U D G M E N T

———————-

1. Against Ext.P1 assessment for the month of January

2009, the petitioner had filed statutory appeal as evidenced from

Ext.P2 before the 2nd respondent appellate authority. The appeal

is filed along with delay condonation petition and application

seeking stay. The appeal along with the interlocutory

applications are pending consideration and disposal. Therefore I

am of the opinion that the writ petition can be disposed of on

issuing necessary directions to the appellate authority.

2. The 2nd respondent is directed to consider and pass

orders on Ext.P3 application filed along with appeal seeking

condonation of delay, after affording an opportunity of hearing to

the petitioner, as early as possible, at any rate within a period of

one month from the date of receipt of a copy of this judgment. If

delay is condoned, the 2nd respondent shall consider and pass

orders on Ext.P4 stay petition, simultaneously.

3. The respondents are directed to keep in abeyance

recovery steps initiated for realisation of the amounts covered

W.P.(C).35850/09-A 2

under Ext.P1 initiated pursuant to Ext.P5 notice, till orders are

passed by the 2nd respondent as directed above.

C.K.ABDUL REHIM, JUDGE.

okb