IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17026 of 2010(C)
1. PRAKASH KOSHY BENJAMIN, PROPRIETOR,
... Petitioner
Vs
1. INTELLIGENCE OFFICER,
... Respondent
2. COMMERCIAL TAX OFFICER
3. THE DY.COMMISSIONER (APPEALS), KOLLAM.
4. THE DY.TAHSILDAR (R.R.)
5. THE INSPECTING ASST.COMMISSIONER,
For Petitioner :SRI.S.ANIL KUMAR (TRIVANDRUM)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :02/06/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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WP(C) NO. 17026 OF 2010
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Dated this the 2nd day of June, 2010
JUDGMENT
Being aggrieved of Ext.P1 order imposing penalty upon the
petitioner, the petitioner has preferred Ext.P2 appeal; which is stated as
finally heard by the appellate authority on 23.04.2010, but the final orders
are still to be passed.
2. In respect of the Ext.P7 assessment order, the petitioner has
preferred Ext.P8 appeal, along with Ext.P9 petition for stay, which are also
pending consideration before the 3rd respondent.
3. The grievance of the petitioner is that, without any regard to
the pendency of the above proceedings, coercive steps being taken by the
4th and 5th respondents as borne by Exts.P4 and P11 notices issued under
the Kerala Revenue Recovery Act; which course is under challenge in this
Writ Petition.
2. Heard the learned Government Pleader as well.
3. Considering the facts and circumstances, the 3rd respondent
is directed to pass final orders on Ext.P2 appeal, which is stated as heard
on 23.04.2010, as expeditiously as possible, at any rate, within one month
from the date of receipt of a copy of this judgment. Similarly, the said
respondent is also directed to consider and pass appropriate orders on
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WP(C) No. 17026/2010
Ext.P9 I.A. for stay, within one month from the date of receipt of a copy of
this judgment. It is also made clear that till such orders are passed as
above, all further steps pursuant to Exts.P4 and P11 shall be kept in
abeyance.
The Writ Petition is disposed of accordingly.
P.R.RAMACHANDRA MENON
JUDGE
dnc
