IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25563 of 2010(U)
1. SANDEEP.M.A.,
... Petitioner
Vs
1. AGRICULTURAL INCOME TAX & COMMERCIAL
... Respondent
2. THE DY.COMMISSIONER (APPEALS),
3. THE TAHSILDAR, ALATHUR.P.O.,
For Petitioner :SRI.S.ANIL KUMAR (TRIVANDRUM)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :13/08/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No.25563 of 2010-U
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Dated this the 13th day of August, 2010.
J U D G M E N T
Challenging Exts.P1(a) and P1(b) assessment orders for the
assessment years 2006-07 and 2007-08 respectively, passed by the
first respondent, the petitioner has filed Exts.P2(a) and P2(b)
appeals, along with Exts.P3(a) and P3(b) petitions for condoning the
delay in filing the same and also accompanied by Exts.P4(a) and P4
(b) petitions for stay, which are 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, the third
respondent has initiated recovery proceedings invoking the
provisions under the Revenue Recovery Act, as borne by Exts.P5(a)
and P5(b), which are 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
the interlocutory applications for condoning the delay as well as
W.P(C) No.25563 of 2010-U 2
interlocutory applications for stay, in accordance with law, as
expeditiously as possible, at any rate within one month from the
date of receipt of a copy of this judgment. It is made clear that, till
appropriate orders are passed in the aforesaid interlocutory
applications, all further coercive proceedings pursuant to Exts.P5(a)
and P5(b) shall be kept in abeyance.
The Writ Petition is disposed of.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab