High Court Kerala High Court

Thirumoorthi Kounder vs The Commercial Tax Officer on 23 December, 2010

Kerala High Court
Thirumoorthi Kounder vs The Commercial Tax Officer on 23 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38611 of 2010(B)



1. THIRUMOORTHI KOUNDER
                      ...  Petitioner

                        Vs

1. THE COMMERCIAL TAX OFFICER
                       ...       Respondent

                For Petitioner  :SRI.E.P.GOVINDAN

                For Respondent  : No Appearance

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

 Dated :23/12/2010

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

                 -------------------------------------------
                   W.P.(C).No.38611 of 2010
                 -------------------------------------------

          Dated this the 23rd day of December, 2010


                         J U D G M E N T

———————-

Ext.P3 is the revised order of assessment issued

against the petitioner with respect to the year 2006-’07. The

petitioner had submitted Ext.P4 application seeking

rectification of Ext.P3 on the basis that there exists some

discrepancies in finalising the assessment. It is stated that

Ext.P4 is pending disposal before the 1st respondent. It is

the grievance of the petitioner that without considering

pendency of Ext.P4 application for rectification, coercive

steps of recovery has now been initiated to realise the

amounts under Ext.P3, on issuing Ext.P2 notice under the

provisions of the Kerala Revenue Recovery Act, 1968.

2. Considering the fact that the rectification

application is pending disposal before the assessing

authority, I am of the view that the writ petition can be

disposed of directing that authority to take appropriate

decision.

3. Under the above circumstances the writ petition

W.P.(C).38611/10-B -2-

is disposed of directing the 1st respondent to consider and pass

orders on Ext.P4 application, 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.

4. Till such time a decision is taken by the 1st respondent

as directed above, recovery of amounts covered under Ext.P3,

which is initiated on the basis of Ext.P2 demand shall be kept in

abeyance.

5. The petitioner will produce a copy of this judgment

before the 1st respondent for compliance.

C.K.ABDUL REHIM, JUDGE.

okb