IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26196 of 2009(T)
1. UFO INDIA LTD.,
... Petitioner
Vs
1. COMMERICAL TAX OFFICER,
... Respondent
2. DEPUTY COMMISSIONER (APPEALS),
3. INSPECTING ASSISTANT COMMISSIONER,
For Petitioner :SRI.K.I.MAYANKUTTY MATHER
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :17/09/2009
O R D E R
C.K.ABDUL REHIM,J
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W.P.(c) No.26196 of 2009
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Dated this the 17th day of September 2009
J U D G M E N T
Against Ext.P1 assessment for the year 2008-2009, the
petitioner had filed appeal as evidenced by Ext.P2 before the 2nd
respondent. Along with the appeal, the petitioner had also filed
Ext.P2(a) stay petition. Complaint of the petitioner is that
pending disposal of the appeal and stay petition, steps are now
initiated for realising the amount covered under Ext.P1, through
Ext.P3 notice issued under the provisions of the Kerala Revenue
Recovery Act. Hence the petitioner is seeking directions for
early disposal of the appeal as well as for keeping in abeyance
the recovery proceedings till then.
2. Having considered the facts and circumstances of the
case, I am of the opinion that the writ petition can be disposed of
directing the 2nd respondent to consider and dispose of the
appeal and the stay petition expeditiously.
3. Hence this writ petition is disposed of directing the 2nd
respondent to consider and pass orders on Ext.P2(a) stay
application, after affording an opportunity of hearing to the
W.P.(c) No.26196/09 2
petitioner, as early as possible, at any rate, within a period of
one month from the date of receipt of a copy of this judgment.
The respondents are directed to keep in abeyance all further
steps for realisation of the amounts covered under Ext.P1 order
of assessment, till orders are passed on the stay petition by the
2nd respondent as directed above.
(C.K.ABDUL REHIM, JUDGE)
jsr