High Court Kerala High Court

A.A.Karim vs State Of Kerala on 15 January, 2010

Kerala High Court
A.A.Karim vs State Of Kerala on 15 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1132 of 2010(N)


1. A.A.KARIM, S/O. APPAKHAN, AGED 67,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY ITS SECRETARY,
                       ...       Respondent

2. THE INTELLIGENCE OFFICE, WARD NO.2,

3. THE DEPUTY COMMISSIONER, APPEALS,

4. DEPUTY TAHSILDAR, REVENUE RECOVERY,

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  : No Appearance

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

 Dated :15/01/2010

 O R D E R
           P.R. RAMACHANDRA MENON, J
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                W.P.(C) No.1132 of 2010
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       Dated this the 15th day of January , 2010

                      J U D G M E N T

Challenging Ext.P3 order passed by the assessing

authority imposing the penalty under Section 67, the

petitioner has filed Ext.P4 appeal before the third

respondent. However, during the pendency of the said

proceedings before the appellate authority, revenue

recovery proceedings were initiated against him, which was

challenged in W.P.(C) No.34673/2009 leading to Ext.P8

Judgment.

2. As borne by Ext.P8 Judgment, the matter was

disposed of directing the third respondent to pass final

orders on Ext.P4 appeal in the manner specified therein.

3. The Ext.P10 is the final order passed by the third

respondent which however is dated ‘manually’ as 18/9/2009.

This shows that, even on the date of passing Ext.P8 verdict

dated 4/12/2009, the third respondent appellate authority

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W.P.(C) No.1132 of 2010

had passed Ext.P10 order, which was not brought to the

notice of this Court. However, vide Ext.P8 Judgment, since

this Court has only intercepted the recovery proceedings

during pendency of the appeal filed before statutory

authority. The petitioner has also got a case that Ext.P10

was passed only much later, showing a ‘prior date’.

4. The direction contained in Ext.P10 appeal appears

to be more in favour of the petitioner, holding that the

assessing authority was not justified in denying an

opportunity of hearing before imposing the penalty under

Section 67. Hence, the petitioner was declared as entitled

to be heard before the proceedings were finalised,

simultaneously giving necessary directions to the assessing

authority in this regard. The petitioner’s case is that the

wording in Ext.P10 rather makes the opportunity of hearing

as an ’empty formality’ and contends that the impugned

order was not actually set aside but amounts to be kept in

abeyance, to see whether the petitioner/appellant appears

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W.P.(C) No.1132 of 2010

before the assessing authority for availing the opportunity

of hearing and if not, to have it revived as such.

5. Heard the learned Government Pleader as well.

Considering the facts and circumstances and the order

passed by the appellate authority, holding that the

petitioner ought to have been given an opportunity for

hearing before passing Ext.P3 order, it cannot but be held

that Ext.P3 is no more valid and existing. Accordingly, the

first and second respondents are directed to finalise the

proceedings afresh, in terms of Ext.P8 verdict already

passed by this Court and of course after giving an

opportunity of hearing to the petitioner. The proceedings

shall be finalised within 2 months from the date of receipt of

a copy of this Judgment.

The writ petition is disposed of as above.

P.R.RAMACHANDRA MENON
(JUDGE)
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