R.Sreekumar vs State Of Kerala Represented By … on 29 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1538 of 2008()


1. R.SREEKUMAR, S/O.LATE K.S.RAJASEKHARAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY SECRETARY
                       ...       Respondent

2. ASSISTANT COMMISSIONER (ASSESMENT),

3. INSPECTIGN ASSISTANT COMMISSIONER

4. SRI.K.M.NAZAR, S/O.A.M.MUSTHAFA, AGED 51

5. SMT.BABY NAZIA, W/O.K.M.NAZAR, AGED 44

6. SRI.SHAFEEQ NAZAR, S/O.K.M.NAZAR,

7. SRI.ASHAR, KURUMBELIL HOUSE,

8. SRI.SUNNY VARGHESE, S/O.LATE IMMANUEL

                For Petitioner  :SRI.K.P.RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :29/07/2008

 O R D E R
                   H.L.Dattu, C.J. & A.K.Basheer, J.
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                         W.A.No.1538 of 2008-D
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                   Dated, this the 29th day of July, 2008

                                JUDGMENT

H.L.Dattu,C.J.

After arguing the matter for quite some time,

Sri.K.P.Ramachandran, learned counsel appearing for the appellant, seeks

leave of this Court to withdraw this Writ Appeal, with liberty to prefer the

first appeal before the first appellate authority, as directed by the learned

Single Judge while disposing of W.P.(C).No.17224 of 2008 dated

17.06.2008.

2. Permission sought for is granted. Writ Appeal is disposed

of as withdrawn.

3. Appellant is granted two weeks’ time from today to

prefer the appeal against the orders passed by the assessing authority in

exercise of its powers under Section 26 of the Kerala Value Added Tax

Act. If, for any reason, the appellant prefers such an appeal within the

time granted by this Court, the appellate authority shall consider and

dispose of the same without reference to the period of limitation. The

interim orders granted by the learned Single Judge will enure to the

benefit of the appellant till the disposal of the appeal that may be

W.A.No.1538 of 2008

– 2 –

preferred by the appellant before the first appellate authority. The first

appellate authority is now again directed to consider and dispose of the

appeal that may be filed by the appellant within four months’ time from

today. Al the contentions of the parties are left open.

Ordered accordingly.

                                                    H.L.Dattu
                                                   Chief Justice




                                                   A.K.Basheer
vku/-                                                 Judge