Nisha Thomas vs The Intelligence Officer on 16 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29548 of 2007(P)


1. NISHA THOMAS,W/O. P.I.THOMAS,
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE OFFICER,
                       ...       Respondent

2. THE DEPUTY COMMISSIONER,

3. THE DEPUTY COMMISSIONER,

                For Petitioner  :SRI.P.R.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/10/2007

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                 W.P.(C) NO. 29548 OF 2007 P
                =====================

            Dated this the 16th day of October, 2007

                         J U D G M E N T

Following Ext.P1 order in revision, the issue regarding levy

of penalty against the petitioner was remanded and following this

Exhibits P2 and P3 orders were passed by the 1st respondent. By

these orders, penalty of Rs.3,01,514/- and Rs.68,492/- were

imposed on the petitioner. Against these orders, petitioner again

filed revision along with an application for stay, which resulted in

Ext.P6, by which stay has been granted on condition that the

petitioner remits 50% of the penalty due in terms of Exhibits P2

and P3 and furnish security for the balance amount. It is

impugning Ext.P6 that this writ petition has been filed.

2. Going through Ext.P6, it is evident that the 2nd

respondent has not given any reason for fixing the quantum. That

apart, it being an issue relating to penalty, I think the condition

imposed is too onerous.

3. Accordingly, I direct that in modification of Ext.P6, the

WPC 29548/07
: 2 :

petitioner shall deposit 25% of the amount and furnish security

for the balance amount due in terms of Exhibits P2 and P3.

With the above modification of Ext.P6, this writ petition is

disposed of.

ANTONY DOMINIC, JUDGE.

Rp