IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2553 of 2010(T)
1. ASHRAF, S/O. EBRAHIM, AGED 38 YEARS,
... Petitioner
Vs
1. THE TAHSILDAR,
... Respondent
2. THE DEPUTY TAHSILDAR (R.R.),
3. THE COMMERCIAL TAX OFFICER,
For Petitioner :SRI. K.SHAJ
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :27/01/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No. 2553 of 2010-T
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Dated this the 27th day of January, 2010.
J U D G M E N T
The case of the petitioner is that even though the petitioner
has filed statutory appeal before the Tribunal challenging Ext.P2
order passed by the first appellate authority and even though the
appeal has been numbered as 1/2010, the respondents are
proceeding with coercive steps for realization of the amount
allegedly due from the petitioner as borne by Exts.P3 and P4, which
are under challenge in this Writ Petition.
2. Heard the learned Government Pleader, who submits
that, it is not discernible from the proceedings as to whether the
petitioner has filed any petition for stay before the Tribunal.
Similarly, copies of the appeal proceedings are also not produced
before this Court. The learned counsel for the petitioner asserts
that the appeal has been filed along with a petition for stay and that
the petitioner might be permitted to move the stay petition before
the Tribunal, for which some breathing time is sought for.
W.P(C) No. 2553 of 2010-T 2
Considering the facts and circumstances, particularly that the
sale of the movables has been notified to be held on 29th of this
month as borne by Ext.P4, this Court finds that the matter could be
finalized by permitting the petitioner to move the statutory
authority/Tribunal for getting appropriate interim orders during the
pendency of the appeal. Accordingly this Writ Petition disposed of,
making clear that all further proceedings pursuant to Exts.P3 and P4
shall be kept in abeyance for a period of one month.
P.R.RAMACHANDRA MENON
JUDGE
ab