High Court Kerala High Court

M.G.Johny vs The Assistant Commissioner … on 11 February, 2010

Kerala High Court
M.G.Johny vs The Assistant Commissioner … on 11 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1524 of 2010(M)


1. M.G.JOHNY, MUKKADAYIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER (ASSMT.)
                       ...       Respondent

2. THE ASSISTANT SECRETARY, SALES TAX

3. THE INTELLIGENCE OFFICER, SQUAD NO.1,

4. THE DISTRICT COLLECTOR, ERNAKULAM.

                For Petitioner  :SRI.K.SRIKUMAR

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :11/02/2010

 O R D E R
                    P.R. RAMACHANDRA MENON, J.
                      -----------------------------------------------
                              WP(C) No. 1524 of 2010
                           --------------------------------------
                   Dated, this the 11th day of February, 2010

                                  J U D G M E N T

The learned counsel for the petitioner submits that the grievance

projected in the Writ Petition has already been taken up before the statutory

authorities by way of appropriate proceedings and that the petitioner will be

satisfied, if appropriate direction is given to consider Ext.P3 series appeals

preferred against Ext.P2 common order passed by the first appellate authority.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the 2nd respondent is

hereby directed to consider and pass appropriate orders on Ext.P3 series

appeal in accordance with law, after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any rate, within one month from the

date of receipt of a copy of this judgment.

4. It is also brought to the notice of this Court by the learned counsel

for the petitioner that the penalty imposed upon the petitioner has already been

set aside as borne by Ext.P1 series orders and that the revised consequential

orders are yet to be passed. All further coercive proceedings for recovery

against the petitioner shall be kept in abeyance; till finalisation of the

proceedings as above.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON
JUDGE
dnc