IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29035 of 2010(D)
1. JITENDRAKUMAR H MUTHALIYA, PROPRIETOR,
... Petitioner
Vs
1. ASSISTANT COMMISSIONER (AA),
... Respondent
2. DEPUTY COMMISSIONER (APPEALS),
3. TAHSILDAR, GOVERNMENT DUES RECOVERY,
For Petitioner :SRI.P.RAGHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :22/09/2010
O R D E R
C.K. ABDUL REHIM, J
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WP(C) NO. 29035 OF 2010
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Dated this the 22nd day of September, 2010
JUDGMENT
Aggrieved by Ext.P4 assessment, the petitioner had preferred
statutory appeal accompanied by stay petition, before the 2nd
respondent, as per Exts.P5 and P6 respectively. It is stated that the 2nd
respondent had conducted hearing on the appeal on 13.09.2010 on the
basis of Ext.P7 posting notice, and the appeal stands reserved for
passing orders. Grievance of the petitioner is that now coercive steps of
recovery are being pursued on the basis of Ext.P8 notice, even before
orders are passed on the appeals.
2. Submission of the petitioner that the appeal was heard in
full on 13.09.2010 and the petitioner does not require any further
hearing, is recorded. Considering facts and circumstances as stated
above, I am of the opinion that recovery steps can be restrained till
orders are passed on Ext.P5 appeal.
3. In the result, the Writ Petition is disposed of directing the 2nd
respondent to pass orders on Ext.P5 appeal, which was heard on
13.09.2010, at the earliest 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 orders are passed as directed above, all
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further proceedings of recovery initiated pursuant to Ext.P8 notice shall be
kept in abeyance.
5. The petitioner will produce a copy of this judgment before the
2nd respondent.
C.K. ABDUL REHIM
JUDGE
dnc