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
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W.P(C) No. 3004 of 2010-A
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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
