IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17140 of 2009(J)
1. STINGLE SEBASTIAN, CENTURY SALES &
... Petitioner
Vs
1. COMMERCIAL TAX OFFICER,
... Respondent
2. DEPUTY COMMISSIONER OF COMMERCIAL
3. INSPECTING ASST. COMMISSIONER,
For Petitioner :SRI.ARIKKAT VIJAYAN MENON
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :22/06/2009
O R D E R
P.R.RAMACHANDRA MENON, J.
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WP(C) NO. 17140 OF 2009
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Dated this the 22nd day of June, 2009
JUDGMENT
Challenging Ext.P1 and P2 orders passed by the first respondent
imposing the penalty on the petitioner, he has already filed Ext.P3 and P4
appeals along with Ext.P5 and P6 petitions to condone the delay in filing the
appeals, as well as Ext.P7 and P8 petitions for stay. The case of the
petitioner is that the third respondent is proceeding with coercive steps under
the Kerala Revenue Recovery Act as borne by Ext.P9, without any regard to
the pendency of the proceedings filed before the statutory authorities, which
in turn is sought to be intercepted by this Court.
2. Heard the learned Government pleader as well.
3. Considering the facts and circumstances, the second respondent
is directed to consider Ext.P3 and P4 appeals along with the petitions by the
petitioner as expeditiously as possible and to pass appropriate orders thereon
in accordance with law, after giving an opportunity of hearing to the petitioner.
It is made clear that till such appropriate orders are passed on Ext. P5 and P6
petitions to condone the delay, as well as on Ext.P7 and P8 petitions for stay,
WPC NO.17140/2009 2
all further coercive proceedings being pursued against the petitioner vide
Ext.P9 shall be kept in abeyance.
The Writ Petition is disposed of accordingly.
(P.R.RAMACHANDRA MENON, JUDGE)
dnc