Canteen Stores Department vs State Of Kerala on 21 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34408 of 2007(U)


1. CANTEEN STORES DEPARTMENT,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE INSPECTING ASSISTANT OFFICER,

3. THE DEPUTY COMMISSIONER OF APPEALS,

                For Petitioner  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/11/2007

 O R D E R
                  ANTONY DOMINIC, J
                       -------------------
                    W.P.(C). 34408/2007
                       --------------------
        Dated this the 21st day of November, 2007

                       JUDGMENT

Against Ext.P1 order of penalty imposed on the

petitioner, he has filed Ext.P2 revision with applications

for condonation of delay and stay of collection of penalty

imposed. In the meantime revenue recovery proceedings

have been initiated and Ext.P3 is the notice that has been

issued. Hence this writ petition.

2. In view of the pendency of the revision along with the

applications for delay condonation and stay of collection

of penalty amount, I am inclined to dispose of this writ

petition with the following directions.

3. That the third respondent shall take up and consider

the application filed by the petitioner for condonation of

delay and depending on the outcome of the same,

application filed by the petitioner for stay of recovery of

penalty imposed by Ext.P1 shall also be considered. This

W.P.(C).34408/2007
2

the third respondent shall do within three weeks from

the date of receipt of a copy of this judgment. In the

meantime further proceedings pursuant to Ext.P3 shall

be kept in abeyance.

4. Petitioner shall produce a copy of this judgment

before the third respondent for compliance.

ANTONY DOMINIC
Judge

mrcs