IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35850 of 2009(A)
1. M/S.DAMODAR CASHEW COMPANY
... Petitioner
Vs
1. ASST.COMMISSIONER, KASARGOD & OTHERS
... Respondent
For Petitioner :SRI.HARISANKAR V. MENON
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :11/12/2009
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.35850 OF 2009
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Dated this the 11th day of December, 2009
J U D G M E N T
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1. Against Ext.P1 assessment for the month of January
2009, the petitioner had filed statutory appeal as evidenced from
Ext.P2 before the 2nd respondent appellate authority. The appeal
is filed along with delay condonation petition and application
seeking stay. The appeal along with the interlocutory
applications are pending consideration and disposal. Therefore I
am of the opinion that the writ petition can be disposed of on
issuing necessary directions to the appellate authority.
2. The 2nd respondent is directed to consider and pass
orders on Ext.P3 application filed along with appeal seeking
condonation of delay, after affording an opportunity of hearing to
the petitioner, as early as possible, at any rate within a period of
one month from the date of receipt of a copy of this judgment. If
delay is condoned, the 2nd respondent shall consider and pass
orders on Ext.P4 stay petition, simultaneously.
3. The respondents are directed to keep in abeyance
recovery steps initiated for realisation of the amounts covered
W.P.(C).35850/09-A 2
under Ext.P1 initiated pursuant to Ext.P5 notice, till orders are
passed by the 2nd respondent as directed above.
C.K.ABDUL REHIM, JUDGE.
okb