High Court Kerala High Court

M/S.Hotel Alakananda vs The Commercial Tax Officer on 19 December, 2007

Kerala High Court
M/S.Hotel Alakananda vs The Commercial Tax Officer on 19 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37977 of 2007(U)


1. M/S.HOTEL ALAKANANDA, MAIN ROAD,
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS),

3. INSPECTING ASSISTANT COMMISSIONER,

                For Petitioner  :SRI.A.SUDHI VASUDEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/12/2007

 O R D E R
                        ANTONY DOMINIC, J.
             ------------------------------------
                      W.P.(C) 37977 of 2007
            -------------------------------------
                    Dated: December 19, 2007

                             JUDGMENT

Exts.P1 and P5 are orders of assessment against which Exts.P2

and P6 appeals are filed before the 2nd respondent. Along with the

appeals petitioner has also filed Exts.P4 and P8 applications for

stay. Petitioner also refers to the early hearing application that has

been filed. Despite all these, the petitioner did not succeed in

getting any interim order. At the same time, recovery proceedings

have been initiated as per Exts.P9 and P9(a) and in these

circumstances, the writ petition is filed.

2. Now that the petitioner has resorted to the statutory

remedy that is available by filing appeals and stay petitions as

described above, I dispose of this writ petition directing that the 2nd

respondent shall take up and consider Exts.P4 and P8 stay petitions

filed by the petitioner as expeditiously as possible, at any rate,

within three weeks from the date of production of a copy of this

judgment. In the meantime further proceedings pursuant to

WP(C) 37977/2007
Page numbers

Exts.P9 and P9(a) will stand deferred for a period of four weeks.

Petitioner shall produce a copy of this judgment before the 2nd

respondent for compliance.

ANTONY DOMINIC, JUDGE

mt/-