IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27267 of 2008(U)
1. ARAKKA HAMSA, S/O. IBRAHIM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DEPUTY COMMISSIONER (APPEALS),
3. THE COMMERCIAL TAX OFFICER
4. THE COMMERCIAL TAX OFFICER,
For Petitioner :SRI.ABRAHAM MATHEW (VETTOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :05/09/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No. 27267 of 2008
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Dated this the 5th day of September, 2008
JUDGMENT
Petitioner challenges Ext.P4 order of assessment. Petitioner
also challenges Ext.P9, which is an order passed by the appellate authority
granting stay on condition of payment of 50% of the amount demanded.
2. Heard learned counsel for the petitioner and the learned
Government Pleader.
3. As far as the challenge to Ext.P4 is concerned, the petitioner
has already approached the appellate authority. A perusal of Ext.P9 would
show that there is absolutely no reasoning given. Learned Government
Pleader is unable to sustain the order.
In such circumstances, Ext.P9 is quashed and the writ petition
is disposed of directing the second respondent to consider and take a
decision on the application for stay filed by the petitioner in accordance
with law within a period of three weeks from the date of receipt of a copy of
this judgment. Till such time as a decision is taken, recovery pursuant to
Ext.P4 will be kept in abeyance.
(K.M. JOSEPH, JUDGE)
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