Kerala High Court
M/S. Prime Land Holdings Pvt. Ltd vs The State Of Kerala
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 1ST DAYOF NOVEMBER 2017/10TH KARTHIKA, 1939
WP(C).No. 33989 of 2017 (W)
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PETITIONER(S):
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M/S. PRIME LAND HOLDINGS PVT. LTD,
LAKKIDI P.O., WAYANAD - 673 576, REPRESENTED BY ITS DIRECTOR
MR.P.T.LUKOSE.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.P.BENNY THOMAS
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.RAJA KANNAN
SRI.PAULOSE C. ABRAHAM
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY(TAXES), GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE INTELLIGENCE OFFICER,
SQUAD NO.V, COMMERCIAL TAXES (NOW STATE GST
DEPARTMENT), NIRMAL ARCADE, ERANJIPALAM,
KOZHIKKODE - 673 006.
3. THE DEPUTY COMMISSIONER (APPEALS),
COMMERCIAL TAXES (NOW STATE GST DEPARTMENT), NIRMAL
ARCADE, ERANJIPALAM, KOZHIKKODE - 673 006.
4. THE TAHSILDAR,
REVENUE RECOVERY, AMBALAVAYAL, WAYANAD - 673 593.
BY SENIOR GOVERNMENT PLEADER SRI.C.K.GOVINDAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 33989 of 2017 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER NO. ER/V/3/2013-2014 (2009-10)
DATED 29.12.2015 PASSED FOR THE YEAR 2009-10.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. ER/V/3/2013-2014 (2010-11)
DATED 29.12.2015 PASSED FOR THE YEAR 2010-11.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. ER/V/3/2013-2014 (2011-12)
DATED 29.12.2015 PASSED FOR THE YEAR 2011-12.
EXHIBIT P4 TRUE COPY OF THE ORDER NO. ER/V/3/2013-2014 (2012-13)
DATED 29.12.2015 PASSED FOR THE YEAR 2012-13.
EXHIBIT P5 TRUE COPY OF THE ORDER NO. ER/V/3/2013-2014 (2013-14)
DATED 29.12.2015 PASSED FOR THE YEAR 2013-14.
EXHIBIT P6 THE TRUE COPY OF THE APPEAL DATED 09.02.2016 FILED BY THE
PETITIONER CHALLENGING EXT.P1 ORDER
(WITHOUT ANNEXURES)
EXHIBIT P7 THE TRUE COPY OF THE APPEAL DATED 09.02.2016 FILED BY THE
PETITIONER CHALLENGING EXT.P2 ORDER
(WITHOUT ANNEXURES)
EXHIBIT P8 THE TRUE COPY OF THE APPEAL DATED 09.02.2016 FILED BY THE
PETITIONER CHALLENGING EXT.P3 ORDER
(WITHOUT ANNEXURES)
EXHIBIT P9 THE TRUE COPY OF THE APPEAL DATED 09.02.2016 FILED BY THE
PETITIONER CHALLENGING EXT.P4 ORDER
(WITHOUT ANNEXURES)
EXHIBIT P10 THE TRUE COPY OF THE APPEAL DATED 09.02.2016 FILED BY
THE PETITIONER CHALLENGING EXT.P5 ORDER
(WITHOUT ANNEXURES)
EXHIBIT P11 THE TRUE COPY OF THE STAY PETITION DATED 09.02.2016 FILED
BY THE PETITIONER ALONG WITH EXT.P6 APPEAL.
EXHIBIT P12 THE TRUE COPY OF THE STAY PETITION DATED 09.02.2016 FILED
BY THE PETITIONER CHALLENGING EXT.P7 APPEAL.
EXHIBIT P13 THE TRUE COPY OF THE STAY PETITION DATED 09.02.2016 FILED
BY THE PETITIONER ALONG WITH EXT.P8 APPEAL.
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WP(C).No. 33989 of 2017 (W)
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EXHIBIT P14 THE TRUE COPY OF THE STAY PETITION DATED 09.02.2016 FILED
BY THE PETITIONER ALONG WITH EXT.P9 APPEAL.
EXHIBIT P15 THE TRUE COPY OF THE STAY PETITION DATED 09.02.2016 FILED
BY THE PETITIONER ALONG WITH EXT.P10 APPEAL.
EXHIBIT P16 THE TRUE COPY OF THE JUDGMENT DATED 21.10.2016 IN
PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 31102/2016.
EXHIBIT P17 THE TRUE COPY OF THE NOTICE DATED 26.08.2017 ISSUED BY
THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P18 THE TRUE COPY OF THE ORDER NO. SP32/17 DATED 02.09.2017
ISSUED BY THE 3RD RESPONDENT FOR THE YEARS 2009-10
TO 2013-14.
EXHIBIT P19 THE TRUE COPY OF THE NOTICES DATED 28.07.2016 ISSUED BY
THE 4TH RESPONDENT UNDER SECTION 7 OF THE KERALA
REVENUE RECOVERY ACT,1968.
EXHIBIT P20 THE TRUE COPY OF THE NOTICES DATED 28.07.2016 ISSUED BY
THE 4TH RESPONDENT UNDER SECTION 34 OF THE KERALA
REVENUE RECOVERY ACT, 1968.
RESPONDENT(S)' EXHIBITS - NIL
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/TRUE COPY/
PS TO JUDGE
TS
K. VINOD CHANDRAN, J.
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W.P.(C) No. 33989 of 2017 (W)
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Dated: 01st November, 2017
J U D G M E N T
The learned Government Pleader submits that the appeals were heard and disposed of on 08.09.2017.
2. The learned Counsel for the petitioner submits that on 02.09.2017 the appeals were heard and an interim order was passed refusing stay of recovery, which is impugned herein. It is also submitted that they have not received the appellate order till date.
3. In such circumstance, the petitioner shall be served with copy of the appellate orders and during that period, and also during the further period for appeal as provided in the Statute, no proceedings for recovery shall be taken. The further proceedings shall depend W.P.(C) No. 33989/2017 -2- on the orders passed in the Second Appeal, if any, filed by the petitioner.
The writ petition is disposed of. No Costs.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 1/11/17