High Court Kerala High Court

M.Dasan vs The Commercial Tax Officer on 11 March, 2010

Kerala High Court
M.Dasan vs The Commercial Tax Officer on 11 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7963 of 2010(U)


1. M.DASAN, MAJOR BAKERY,
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS)

3. THE INSPECTING ASSISTANT COMMISSIONER

                For Petitioner  :SRI.R.MURALIDHARAN (AROOR)

                For Respondent  : No Appearance

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

 Dated :11/03/2010

 O R D E R
                      P.R.RAMACHANDRA MENON, J
                     ---------------------------
                         W.P(C) No.7963 of 2010-U
                    ----------------------------
                Dated this the 11th day of March, 2010.

                              J U D G M E N T

Challenging Ext.P1 order passed by the first respondent, the

petitioner has approached the statutory authority by filing Ext.P2 appeal

along with Ext.P3 petition for stay, which are pending consideration

before the second respondent.

2. The grievance of the petitioner is that, without any regard to

the pendency of the said proceedings, the respondents have initiated

recovery proceedings invoking the provisions under the Revenue

Recovery Act, as borne by Ext.P4, which is sought to be intercepted by

this Court.

3. Heard the learned Government Pleader as well.

4. Considering the facts and circumstances, the second

respondent is directed to consider and pass appropriate orders on Ext.P3

petition for stay, in accordance with law, as expeditiously as possible, at

any rate with in one month from the date of receipt of a copy of this

judgment. It is made clear that till appropriate orders are passed on

Ext.P3 petition for stay, all further proceedings pursuant to Ext.P4 shall

be kept in abeyance.

The Writ Petition is disposed of.




                                 P.R.RAMACHANDRA MENON
ab                                         JUDGE

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