IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7768 of 2010(U)
1. HINDUSTAN PLYWOODS,
... Petitioner
Vs
1. THE INTELLIGENCE OFFICER(IB),
... Respondent
2. THE DEPUTY COMMISSIONER(APPEALS),
3. THE INSPECTING ASST. COMMISSIONER,
4. THE COMMERCIAL TAX OFFICER,
For Petitioner :SRI.P.N.DAMODARAN NAMBOODIRI
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :10/03/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 7768 OF 2010
.........................................................................
Dated this the 10th March, 2010
J U D G M E N T
Being aggrieved of Ext.P3 order imposing penalty upon the
petitioner passed by the first respondent, the petitioner has
preferred Ext.P4 statutory appeal before the second respondent
along with Ext.P5 petition for stay. The case of the petitioner is
that it is without any regard to the pendency of the said
proceedings that the third respondent has issued Ext.P6
recovery notice under the Revenue Recovery Act , which hence
is sought to be intercepted in this Writ Petition.
2. Heard the learned Government Pleader as well, who
submits with reference to the materials on record that, even
going by the admitted facts and figures, as reflected from Ext.
P4 appeal, the impugned order was communicated to the
petitioner on 22.12.2009, whereas the appeal proceedings were
filed only on 23.01.2010, i.e. on the next day after thirty days.
This being the position, there is delay in filing the same, submits
the learned Government Pleader .
W.P.(C) No. 7768 OF 2010
2
3. After hearing both the sides, the petitioner is
permitted to file a petition to condone the delay, if the
proceedings are filed belatedly, which shall be done within ten
days. On filing the necessary proceedings as above, the second
respondent shall consider such petition to condone the delay, if
any and also Ext. P3 petition for stay and pass appropriate
orders thereon, in accordance with law, as expeditiously as
possible, at any rate, within a period of one month from the date
of receipt of a copy of the judgment . Till such orders are passed
on the petition to condone the delay, to be filed and Ext.P3
petition for stay, all further proceedings pursuant to Ext. P6 shall
be kept in abeyance.
The Writ Petition is disposed of.
P.R. RAMACHANDRA MENON,
JUDGE.
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