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Kerala High Court
P.Shafi vs Assistant Commissioner (Kvat) on 30 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3004 of 2010(A)


1. P.SHAFI, PULIKKAL TRADERS,
                      ...  Petitioner

                        Vs



1. ASSISTANT COMMISSIONER (KVAT),
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS),

3. INSPECTING ASSISTANT COMMISSIONER,

                For Petitioner  :SRI.N.MURALEEDHARAN NAIR

                For Respondent  : No Appearance

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

 Dated :30/01/2010

 O R D E R
                     P.R.RAMACHANDRA MENON, J
                    ---------------------------
                         W.P(C) No. 3004 of 2010-A
                   ----------------------------
               Dated this the 30th day of January, 2010.

                             J U D G M E N T

Challenging Ext.P1 assessment order for the year 2007-08, the

petitioner has already approached the appellate authority by filing

statutory appeal as borne by Ext.P2 and Ext.P3 petition for stay, which are

stated as pending consideration before the second respondent.

2. The grievance of the petitioner is that, it is without any

regard to the pendency of the said proceedings, that the revenue

recovery proceedings have been initiated under the Kerala Revenue

Recover Act for realization of the amount, which is sought to be

intercepted by this Court.

3. Heard the learned Government Pleader as well.

4. Considering the facts and circumstances, the second

respondent is directed to consider and pass appropriate orders on Ext.P3

petition for stay in accordance with law, as expeditiously as possible. It

is made clear that till appropriate orders are passed on Ext.P3, all further

coercive proceedings pursuant to Ext.P5 shall be kept in abeyance.

The Writ Petition is disposed of.

P.R.RAMACHANDRA MENON
JUDGE

ab


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