High Court Kerala High Court

Abdul Salam vs The Commercial Tax Inspector on 22 June, 2010

Kerala High Court
Abdul Salam vs The Commercial Tax Inspector on 22 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19352 of 2010(T)


1. ABDUL SALAM, S/O.MOIDHEEN BAVA,
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX INSPECTOR,
                       ...       Respondent

2. THE COMMERCIAL TAX OFFICER,

3. STATE OF KERALA, REP. BY ITS SECRETARY

4. THE COMMERCIAL TAX OFFICER,

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  : No Appearance

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

 Dated :22/06/2010

 O R D E R
                  P.R. RAMACHANDRA MENON J.
               ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                W.P. (C) Nos. 19352 & 19353 of 2010
               ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                Dated, this the 22nd day of June, 2010

                              JUDGMENT

The grievance projected by the petitioners in both these is that,

the adjudication proceedings under Section 47 (5) of the KVAT Act are

being unduly delayed, causing much loss and hardship to the

petitioners. The factual position as described in the Writ Petition shows

that, the petitioners had transported some goods, which however were

intercepted, issuing notice under 47 (2) of the KVAT Act, doubting

evasion of tax and demanding security deposit for the requisite

amount. Because of the urgent requirement, the petitioners satisfied

the demand and got the goods released. But the adjudication is still to

be finalized, which hence is sought to be intervened in this Writ Petition

2. Heard the learned Government Pleader as well.

3. Considering the fats and circumstances, the second

respondent is directed to consider and finalize the adjudication

proceedings pursuant to Ext. P4 in W.P. (C) 19352 of 2010 and Ext. P3

in W.P.(C) No.19353 of 2010 in accordance with law, as expeditiously

as possible, at any rate, within two months from the date of receipt of a

copy of the judgment.

Both the Writ Petitions are disposed of.

P. R. RAMACHANDRA MENON, JUDGE

kmd