Kerala High Court
Pushpam Paul vs Commercial Tax Officer on 8 March, 2010
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7187 of 2010(W)
1. PUSHPAM PAUL,
... Petitioner
Vs
1. COMMERCIAL TAX OFFICER,
... Respondent
2. DEPUTY COMMISSIONER(APPEALS),
3. DEPUTY TAHSILDAR, REVENUE RECOVERY,
For Petitioner :SRI.M.K.SUBHAKARAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/03/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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WP(C) No. 7187 of 2010
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Dated, this the 8th day of March, 2010
J U D G M E N T
The case of the petitioner is that the respondents are not justified in proceeding with the coercive steps as borne by Ext.P6 without any regard to the pendency of the statutory appeal preferred against Ext.P4 assessment order and the Interlocutory Applications for stay and also to condone the delay in filing the appeal.
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 in the interlocutory application to condone the delay in filing the appeal as well as in the I.A. for stay stated as filed by the petitioner and pending consideration before the said respondent 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. It is made clear that till such orders are passed on the said I.A.s, all further coercive proceedings pursuant to Ext.P6 shall be kept in abeyance.
The Writ Petition is disposed of accordingly.
P. R. RAMACHANDRA MENON JUDGE dnc