Deepak Narendran vs Commercial Tax Officer on 1 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18338 of 2009(J)


1. DEEPAK NARENDRAN,
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS),

3. THE INSPECTING ASSISTANT COMMISSIONER,

                For Petitioner  :SRI.V.P.SUKUMAR

                For Respondent  : No Appearance

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

 Dated :01/07/2009

 O R D E R
                    P.R.RAMACHANDRA MENON, J.
                   -----------------------------------------------
                           WP(C) NO. 18338 OF 2009
                            -----------------------------------
                       Dated this the 1st day of July, 2009


                                     JUDGMENT

Ext.P1 assessment order passed by the first respondent has already been

subjected to challenge by filing Ext.P2 memorandum of appeal, along with

Ext.P3 petition for stay and the said proceedings are stated as pending before

the second respondent. The grievance of the petitioner is that it is without any

regard to the pendency of the above proceedings that the respondents are

proceeding with the coercive steps, which hence is sought to be interfered by

this Court.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the second respondent is

hereby directed to consider Ext.P2 appeal and Ext.P3 petition for stay, in

accordance with law and pass appropriate orders, as expeditiously as possible.

However it is made clear that till such appropriate orders are passed on Ext.P3

petition for stay, all further coercive proceedings pursuant to Ext.P4 for

realisation of the allegedly due amount from the petitioner shall be kept in

abeyance.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE

dnc