High Court Kerala High Court

C.C.William Varghese vs The Asst. Commissioner(Assmt) on 13 December, 2007

Kerala High Court
C.C.William Varghese vs The Asst. Commissioner(Assmt) on 13 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 36853 of 2007(K)


1. C.C.WILLIAM VARGHESE,
                      ...  Petitioner

                        Vs



1. THE ASST. COMMISSIONER(ASSMT),
                       ...       Respondent

2. THE DEPUTY COMMISSIONER(APPEALS),

3. THE INSPECTING ASST. COMMISSIONER,

                For Petitioner  :SMT.S.K.DEVI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/12/2007

 O R D E R
                        ANTONY DOMINIC, J.
             ------------------------------------
                      W.P.(C) 36853 of 2007
             -------------------------------------
                    Dated: December 13, 2007

                             JUDGMENT

Petitioner has filed Exts.P5 and P6 appeals aggrieved by

Exts.P1 and P2 orders of assessment and it is stated that in order to

realise the amount that is due in terms of the orders of assessment,

revenue recovery proceedings have been initiated by Exts.P7 and P8.

It is submitted by the petitioner referring to Ext.P9 that soon after

the revenue recovery notices were served, petitioner was compelled

to remit 50% of the amount demanded. Despite this, petitioner

apprehends that the respondents will pursue the revenue recovery

proceedings for realising the entire amount. It is with this

apprehension that this writ petition has been filed.

2. Having regard to the fact that the Appellate Authority

seized of the appeals and that the petitioner has already remitted

50% of the amount due, I dispose of this writ petition directing that

the 2nd respondent Appellate Authority shall consider Exts.P5 and

WP(C) 36853/2007 Page numbers

P6 appeals filed by the petitioner with notice to him and pass orders

thereon. This shall be done as expeditiously as possible, at any

rate, within eight weeks of production of a copy of this judgment.

In the meantime, having regard to the payment already made by the

petitioner, I direct that further proceedings pursuant to Exts.P7 and

P8 shall be deferred until orders are passed on the appeals.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE

mt/-