IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27656 of 2008(P)
1. E.K. SABU, SUBIN TRADERS,
... Petitioner
Vs
1. DY. TAHSILDAR (RR),
... Respondent
2. DY. TAHSILDAR (RR),
3. ANNAMMA PAPPACHAN,
For Petitioner :SMT.E.V.MOLY
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :19/09/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 27656 OF 2008 P
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Dated this the 19th September, 2008
JUDGMENT
Petitioner has approached this Court seeking for a writ of
mandamus directing respondents 1 and 2 from initiating any
further proceedings pursuant to Ext.P4 pending decision in
Ext.P3 Appeal and also seeking stay of all further proceedings
pursuant to Ext.P4 notice. Petitioner has also prayed to allow
him to remit the balance amount due after giving credit to the
payments, in reasonable instalments.
2. I heard the learned counsel appearing for the petitioner
and the learned Government Pleader. There is an assessment
against the petitioner. According to petitioner, he has preferred
an Appeal and in the meantime, recovery proceedings have been
initiated. Learned Government Pleader on instructions, submits
that actually the Appeal which has been filed, is defective and
the petitioner has been put on notice about the defect. It is also
stated that the admitted tax has not been paid and the petitioner
WPC. 27656/08 P 2
has also not moved stay petition. Counsel for petitioner submits
that the petitioner will cure the defects and seek appropriate
orders in the Appeal. In order to facilitate the petitioner to seek
appropriate orders in the Appeal, it is ordered that the recovery
proceedings pursuant to Ext.P4 will stand adjourned by a period
of three weeks from today.
The Writ Petition is disposed of as above.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy//
PS to Judge