IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7869 of 2010(G)
1. BIPHA DRUG LABORATORIES,
... Petitioner
Vs
1. THE ASSISTANT COMMISSIONER (KVAT),
... Respondent
2. THE DEPUTY COMMISSIONER (APPEALS),
3. THE INSPECTING ASSISTANT COMMISSIONER,
For Petitioner :SRI.V.P.SUKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :11/03/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No. 7869 of 2010-G
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Dated this the 11th day of March, 2010.
J U D G M E N T
Being aggrieved of Ext.P1 assessment order passed by the
first respondent in respect of assessment year 2004-05, the petitioner
has preferred Ext.P2 appeal before the second respondent, along with
Ext.P3 petition to condone the delay and also Ext.P4 application for stay.
The petitioner is constrained to approach this Court by virtue of Ext.P5
revenue recovery notice issued by the third respondent invoking the
machinery under the Kerala Revenue Recovery Act, for realization of the
amount stated as due under Ext.P1, without any regard to the pendency
of the proceedings.
2. Heard the learned Government Pleader as well.
3. Considering the facts and circumstances, the second
respondent is directed to consider and pass appropriate orders on Ext.P3
and P4 interlocutory applications in accordance with law, as expeditiously
as possible, at any rate within one month from the date of receipt of a
copy of this judgment. It is made clear that, till appropriate orders are
passed on Ext.P4 petition for stay, all further proceedings pursuant to
Ext.P5 shall be kept in abeyance.
The Writ Petition is disposed of.
P.R.RAMACHANDRA MENON, JUDGE
ab