High Court Kerala High Court

Shajimon.S vs The Sales Tax Officer on 11 February, 2010

Kerala High Court
Shajimon.S vs The Sales Tax Officer on 11 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4279 of 2010(H)


1. SHAJIMON.S, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. THE SALES TAX OFFICER, CHERTHALA.
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS),

3. THE DEPUTY TAHSILDAR (RR),

                For Petitioner  :SRI.V.P.SUKUMAR

                For Respondent  : No Appearance

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

 Dated :11/02/2010

 O R D E R
              P.R. RAMACHANDRA MENON, J.
                -----------------------------------------------
                        WP(C) No. 4279 of 2010
                     ---------------------------------------
             Dated, this the 11th day of February, 2010


                             J U D G M E N T

Challenging Ext.P1 order imposing penalty upon the petitioner, he

has filed Ext.P4 appeal along with a petition to condone the delay and

also Ext.P7 application for stay. Similarly, in respect of Ext.P2

assessment order and Ext.P3 order imposing the penalty, the petitioner

has preferred Exts.P5 and P6 appeals, along with Exts.P8 and P9

petitions for stay, which are also stated as pending. According to the

petitioner, it is without any regard to the pendency of the said

proceedings that the 3rd respondent has issued Exts.P10 and P11

notices under the Kerala Revenue Recovery Act, which in turn are

sought to be intercepted in this Writ Petition.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the 2nd

respondent is directed to consider and pass appropriate orders on

Exts.P7 to P9 petitions for stay and also in the I.A. stated as filed

seeking to condone the delay in filing Ext.P4 appeal 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. However it is made clear that

WP(C) No.4279/2010
2

till such appropriate orders are passed thereon, all further proceedings

pursuant to Exts.P10 and P11 shall be kept in abeyance.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON
JUDGE
dnc