Tissan J.Thachankary vs The Deputy Commissioner (Appeal) on 27 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28632 of 2007(H)


1. TISSAN J.THACHANKARY, DIRECTOR,
                      ...  Petitioner

                        Vs



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

2. COMMERCIAL TAX OFFICER (WC AND LT)

3. INSPECTING ASST.COMMISSIONER,

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/09/2007

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                  W.P.(C) NO. 28632 OF 2007
                 ====================

         Dated this the 27th day of September, 2007

                         J U D G M E N T

Aggrieved by Ext.P1 series of assessment orders under the

Kerala Tax on Luxuries Act, petitioner has filed Ext.P2 series of

appeals and Ext.P3 series of stay petitions. His grievance is that

during the pendency of the appeals and stay petitions, revenue

recovery action has been initiated by Ext.P4, for realising the

disputed tax of Rs.99,581/-.

2. Heard the learned Government Pleader also.

3. In view of the pendency of the appeals and the stay

petitions, it is only appropriate that before recovery is allowed,

the dispute is given a finality.

4. Accordingly, I dispose of this writ petition directing

that the 1st respondent shall hear and dispose of Ext.P2 series of

appeals, as expeditiously as possible, at any rate within a period

of two months of receipt of a copy of this judgment.

5. In the meantime, further proceedings pursuant to

WPC 28632/07
: 2 :

Ext.P4 will be kept in abeyance on the petitioner remitting an

amount of Rs.40,000/- within one week from today.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp