Sarojiniamm D vs Asst.Commissioner (Assessment) on 27 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14518 of 2009(H)


1. SAROJINIAMM D,
                      ...  Petitioner
2. DINESH CHANDRAN.R.S
3. DEEPA CHANDRAN.S,
4. DEEPTHI CHANDRAN.S,

                        Vs



1. ASST.COMMISSIONER (ASSESSMENT)
                       ...       Respondent

                For Petitioner  :SRI.ARIKKAT VIJAYAN MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :27/05/2009

 O R D E R
                        P.R.RAMACHANDRA MENON, J.
                       -----------------------------------------------
                            WP(C) NO. 14518 OF 2009
                            -----------------------------------
                       Dated this the 27th day of May, 2009

                                      JUDGMENT

The petitioner has approached this court challenging the act of the first

respondent in not giving effect to Ext.P2 order passed by the appellate

authority, whereby the assessing authority has been directed to return the

‘defective C forms’ to the petitioner for curing the defects.

2. Petitioner’s case is that he received the Ext.P1 order only on

15.10.2008 when he filed Ext.P3 proceedings before the respondent for availing

the benefit under Ext.P2 order on 27.10.2008. This being the position, the

attitude and approach of the respondent can only be described as wilful,

submits by the learned counsel for the petitioner.

3. Learned Government Pleader appearing for the respondent

submits that the matter will definitely be looked into and all necessary steps will

be taken by the respondent to give effect to Ext. P2 order as it has become

final. In the above facts and circumstances, the respondent is directed to take

all necessary steps to give effect to Ext.P2 order passed by the appellate

authority forthwith.

The Writ Petition is disposed of accordingly.

(P.R.RAMACHANDRA MENON, JUDGE)

dnc