High Court Kerala High Court

M/S.Falcon Tyres Ltd vs The Assistant … on 2 November, 2010

Kerala High Court
M/S.Falcon Tyres Ltd vs The Assistant … on 2 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33265 of 2010(G)


1. M/S.FALCON TYRES LTD.,
                      ...  Petitioner

                        Vs



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

2. THE DEPUTY COMMISSIONER(APPEALS),

3. THE INSPECTING ASSISTANT COMMISSIONER,

                For Petitioner  :SRI.V.P.SUKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :02/11/2010

 O R D E R
                    C. K. ABDUL REHIM, J.
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                  W.P.(C) No. 33265 of 2010
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          Dated this the 2nd day of November, 2010

                          JUDGMENT

Aggrieved by Ex.P1 order of assessment, the

petitioner preferred Ext.P2 appeal along with Ext.P3 stay

petition before the 2nd respondent. The petitioner also filed

Ext.P4 application seeking early hearing of the appeal. It is

submitted that the appeal and the stay petition are pending

consideration before the appellate authority. Grievance of

the petitioner is that, without considering pendency of the

appeal and the petition for stay, recovery steps has been

initiated on the basis of Ext.P5 notice issued under the

provisions of the Kerala Revenue Recovery Act.

2. Considering the pendency of the statutory appeal, I

am of the opinion that the writ petition can be disposed of

directing that authority to have an expeditious

consideration of the matter.

3. Therefore the writ petition is disposed of directing

the 2nd respondent to consider and pass orders on Ext.P3

W.P.(C) No. 33265/2010 2

stay petition, 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.

4. Till the orders are passed by the 2nd respondent as

directed above, recovery of amounts covered under Ext.P1,

which is now initiated pursuant to Ext.P5, shall shall be

kept in abeyance.

5. The petitioner will produce a copy of this judgment

before the 2nd respondent.

C. K. ABDUL REHIM,
JUDGE.

mn.