Greenfield Floorings Private Ltd. v. Anilkumar T.P.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 Con.Case(C).No. 75 of 2015 (S) --------------------------------------------------- AGAINST THE JUDGMENT IN WP(C) NO. 8984/2014 DATED 31-03-2014 PETITIONER:

-------------------- GREENFIELD FLOORINGS PRIVATE LTD.

6/492 A, EDATHALA BUILDINGS, KALADY - MALAYATTOR ROAD, NEELESWARAM -683 584 REPRESENTED BY ITS MANAGING DIRECTOR, JOEMON JOSEPH, S/O.JOSEPH, AGED 38 YEARS.

BY ADVS.SRI.SHAJI P.CHALY SMT.C.S.SINDHU KRISHNAH RESPONDENT --------------------- ANILKUMAR T.P., AGED 50 YEARS, FATHERS NAME NOT KNOWN TO THE PETITIONER THE COMMERCIAL TAX OFFICER - II, DEPARTMENT OF COMMERCIAL TAXES, ANGAMALY, ERNAKULAM - 683572.

BY ADV. GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr.

Con.Case(C).No. 75 of 2015 (S) -------------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A1: TRUE COPY OF THE NOTICE BEARING NO.32150898731/2013-14 DATED 19.4.2014 ISSUED BY THE COMMERCIAL TAX OFFICER, ANGAMALY AND THE ORDER NO.32150898731/2013-14(10/13 TO 12/13) DATED 23.06.2014.

ANNEXURE A2: TRUE COPY OF THE NOTIE BEARING NO.32150898731/2013-14 DATED 26.04.2014 ISSUED BY THE COMMERCIAL TAX OFFICER, ANGAMALY AND THE ORDER NO.32150898731/2013-14(01/14 TO 03/14) DATED 23.06.2014.

ANNEXURE A3: TRUE COPY OF THE NOTICE BEARING NO.32150898731/2013-14 DATED 26.08.2014 ISSUED BY THE ASSISTANT COMMISSIONER. ANNEXURE A4: TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 DATED 17.09.2014 BEARING NO.F(RR) 159/14-15 RRCNO.52/14-15 DATED 26.08.2014 OF THE ASSISTANT COMMISSIONER VAT SPECIAL CIRCLE ALUVA, ERNAKULAM.

ANNEXURE A5: TRUE COPY OF THE REPRESENTATION DATED 1010.2014. ANNEXURE A5(A): TRUE COPY OF THE POSTAL RECEIPTS. RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE vmr.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- C.O.C. No.75 of 2015 --------------------------------------- Dated this the 24th day of February, 2015

JUDGMENT

Alleging contumacious act on the part of the respondent in not giving effect to the direction given by this Court vide judgment dated 31.03.2014 in WP(C) No.8984 of 2014, the petitioner has approached this Court by filing the present proceedings.

2. An affidavit has been filed by the respondent, pointing out that in compliance with the directions given by this Court, the matter was considered and Annexure R1(c) order has been passed on 06.02.2015, whereby the request made by the petitioner to issue non-liability certificate for the year 20122013 has been turned down for the reasons stated therein. There is some delay in passing the said order. But considering the persuasive submission made by the learned Government Pleader with regard to the circumstances under which the matter got delayed, this Court does not find any reason to

C.O.C. No.75 of 2015 proceed with further steps.

The contempt matter is closed without prejudice to the rights and liberties of the petitioner to challenge Annexure R1(c) order, if so desired.

P.R. RAMACHANDRA MENON, JUDGE sp