High Court Kerala High Court

P.C.Gopinathan vs Commercial Tax Officer on 8 March, 2010

Kerala High Court
P.C.Gopinathan vs Commercial Tax Officer on 8 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7226 of 2010(C)


1. P.C.GOPINATHAN,SAGAR AGENCIES,
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX OFFICER,PATTAMBI.
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS)DEPARTMENT

3. INSPECTING ASSISTANT COMMISSIONER,

                For Petitioner  :SRI.N.MURALEEDHARAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :08/03/2010

 O R D E R
              P.R. RAMACHANDRA MENON, J.
                -----------------------------------------------
                        WP(C) No. 7226 of 2010
                     ---------------------------------------
               Dated, this the 8th day of March, 2010


                             J U D G M E N T

Challenging Exts.P1 and P2 assessment orders, the petitioner

has preferred Exts.P3 and P4 appeals. However, since there is some

delay in respect of Ext.P3 appeal, the petitioner has filed Ext.P5 petition

to condone the delay in filing the same. Along with the appeals, the

petitioner has also preferred Exts.P6 and P7 petitions for stay, besides

filing Ext.P8 and P9 petitions for early hearing as well. The grievance of

the petitioner is that, without any regard to the pendency of the said

proceedings, Ext.P10 demand notice has been issued by the 1st

respondent, which hence is sought to be intercepted in this Writ Petition.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the 2nd

respondent is directed to consider and pass appropriate orders on

Ext.P5 petition to condone the delay in filing Ext.P3 appeal and also on

Exts.P6 and P7 petitions for stay, 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 such appropriate orders are passed

in the said I.A.s, all further coercive proceedings stated as being

WP(C) No.7226/2010
2

pursued against the petitioner vide Ext.P10 shall be kept in abeyance.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON
JUDGE
dnc