S. Hariharan vs The Deputy Commissioner … on 14 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8672 of 2008(G)


1. S. HARIHARAN, QUILON DISTRIBUTORS
                      ...  Petitioner

                        Vs



1. THE DEPUTY COMMISSIONER (APPEALS)
                       ...       Respondent

2. ADDL. SALES TAX OFFICER, IIND CIRCLE

3. THE TAHSILDAR (R.R.), KOLLAM.

                For Petitioner  :SRI.S.SANTHOSH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/03/2008

 O R D E R
                          ANTONY DOMINIC, J.
                        ===============
                      W.P.(C) NO. 8672 OF 2008 G
                    ====================

                Dated this the 14th day of March, 2008

                             J U D G M E N T

Against Ext.P1 order of assessment, petitioner has filed Ext.P2

appeal before the 1st respondent. Since the appeal was filed out of time

by Ext.P3, petitioner also sought condonation of the delay in filing the

appeal. It is also stated that Ext.P4 stay petition filed along with the

appeal is also pending consideration of the 1st respondent. It is on account

of Ext.P5 demand notice issued by the 3rd respondent that this writ petition

has been filed.

2. Having regard to the pendency of Ext.P3 delay petition and

Ext.P4 stay petition, I direct that the 1st respondent, before whom these

interlocutory applications are pending, shall consider the delay petition and

depending upon the order that is passed, shall also consider Ext.P4 stay

petition filed by the petitioner. This shall be done by the 1st respondent

within four weeks of production of a copy of this judgment and in the

meanwhile further proceedings pursuant to Ext.P5 will stand adjourned for

a period of six weeks from today.

Petitioner shall produce a copy of this judgment before the 1st

respondent for compliance.

ANTONY DOMINIC,JUDGE.

Rp