IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 756 of 2010(T)
1. K.M.MOOSA, MANAGING PARTNER
... Petitioner
Vs
1. THE ASSISTANT COMMISSIONER OF COMMERCIAL
... Respondent
2. THE DEPUTY COMMISSIONER (APPEALS)
3. THE DEPUTY COMMISSIONER
4. THE INSPECTING ASST.COMMISSINER
For Petitioner :SRI.P.N.DAMODARAN NAMBOODIRI
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :11/01/2010
O R D E R
P.R.Ramachandra Menon, J.
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W.P(C).No.756 of 2010
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Dated this the 11th January, 2010
JUDGMENT
Challenging Exts.P1, P1A, and P1B assessment orders
passed by the first respondent, the petitioner has preferred
statutory appeals as borne by Exhibit P2 before the second
respondent, along with Exhibit P3 petition for early hearing and
Exhibit P4 petition for stay which are still pending. The case of
the petitioner is that, it is without any regard to the pendency of
said proceedings, that coercive steps are being pursued against
the petitioner, besides demanding additional security vide
Exhibit P5; which hence is sought to be intercepted in this writ
petition.
2. Heard the learned Government Pleader as well.
3. Considering the facts and circumstances of the case, the
first respondent is hereby directed to consider and pass
appropriate orders on Exhibit P4 petition for stay as
expeditiously as possible, at any rate, within one month from the
date of receipt of a copy of this judgment, and the recovery steps
shall be kept in abeyance till such time.
4. With regard to the demand for additional security raised
2
in Exhibit P5, the learned Government Pleader appearing for the
respondents submits that the petitioner is free to file his
objection in respect of the contents of Exhibit P5 notice and that
final orders will be passed by the first respondent only after
hearing him.
5. In the above circumstances, the petitioner is directed to
file statement of objection if any, in respect of Exhibit P5, within
a further period of two weeks from the date of receipt of a copy
of this judgment, on which event, the same shall be considered
and finalised by the first respondent within a further period of
one month thereafter, of course after hearing the petitioner. It
is made clear that until the proceedings are finalised above, no
further coercive steps shall be pursued against the petitioner.
The Writ Petition is disposed of as above.
P.R.Ramachandra Menon, Judge
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