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High Court of KeralaWP(C)/11534/2015disposed of

V.M.Jabar v. Commercial Tax Officer

2015-04-08Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No.11534 of 2015 (N) -------------------------------------- PETITIONER:

------------------- V.M.JABAR,PROPRIETOR,SOUTHERN TIMBERS, MUVATTUPUZHA MARKET P.O.,ERNAKULAM DISTRICT, PIN-686673.

BY ADV.SRI.MOHAMMED RAFIQ RESPONDENTS:

----------------------- 1.

THE COMMERCIAL TAX OFFICER, MUVATTUPUZHA,ERNAKULAM DISTRICT, PIN-686669.

2.

THE DEPUTY TAHSILDAR (REVENUE RECOVERY), MUVATTUPUZHA,PIN-686669.

3.

THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES,MUVATTUPUZHA,PIN-686661.

4.

THE STATE OF KERALA,REPRESENTED BY THE SECRETARY,TAXES DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM, PIN-695001.

R1 TO R4 BY GOVT. PLEADER SRI.SOBHA ANNAMMA EAPEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.11534/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:THE TRUE COPY OF THE DEMAND NOTICE NO.2014/71377/7 DATED 5.11.2014 ISSUED BY THE 2ND ERESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT,1968.

EXT.P2:THE TRUE COPY OF THE DEMAND NOTICE NO.2014/71374/7 DATED 5.11.2014 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXT.P3:THE TRUE COPY OF THE DEMAND NOTICE NO.2014/71372/7 DATED 5.11.2015 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXT.P4:THE TRUE COPY OF THE DEMAND NOTICE NO.2014/71378/7 DATED 5.11.2014 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXT.P5:THE TRUE COPY OF THE DEMAND NOTICE NO.2014/71285/7 DATED 19.11.2014 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXT.P6:THE TRUE COPY OF THE DEMAND NOTICE NO.2014/71370/7 DATED 19.11.2014 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXT.P7:THE TRUE COPY OF THE DEMAND NOTICE NO.RRC.692/14-15 DATED 27.2.2015 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXT.P8:THE TRUE COPY OF THE CHALAN NO.S.109 DATED 26.2.2011 FOR RS.2698/- PAID BY THE PETITIONER.

EXT.P9:THE TRUE COPY OF THE CHALAN NO.328 DATED 30.3.2013 FOR RS.10,000/- PAID BY THE PETITIONER.

EXT.P10:THE TRUE COPY OF THE CHALAN NO.331 DATED 30.3.2013 FOR RS.5070/- PAID BY THE PETITIONER.

EXT.P11:THE TRUE COPY OF THE CHALAN NO.110 DATED 18.7.2013 FOR RS.10,000/- PAID BY THE PETITIONER.

EXT.P12:THE TRUE COPY OF THE CHALAN NO.67 DATED 30.9.2013 FOR RS.10,000/- PAID BY THE PETITIONER.

EXT.P13:THE TRUE COPY OF THE CHALAN NO.141 DATED 10.1.2014 FOR RS.25,000/-PAID BY THE PETITIONER.

EXT.P14:THE TRUE COPY OF THE CHALAN NO.20 DATED 25.1.2014 FOR RS.3205/- PAID BY THE PETITIONER.

pto

W.P(C) NO.11534/2015 EXT.P15:THE TRUE COPY OF THE CHALANNO.191 DATED 22.5.2014 FOR RS.2,920/- PAID BY THE PETITIONER.

EXT.P16:THE TRUE COPY OF THE CERTIFICATE NO.MUVATT/MISC/200/2014-15 DATED 16.3.2015 FOR A PAYMENT OF RS.20,000/- ISSUED BY UCO BANK,MUVATTUPUZHA.

EXT.P17:THE TRUE COPY OF THE APPLICATION DATED 1.3.2015 SEEKING PERMISSION TO PAY ARREARS OF TAX IN INSTALMENTS SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 11534 of 2015 ===================================================== Dated this the 8th day of April, 2015

JUDGMENT

The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P17 representation, that is filed by him before the said respondent, within a stipulated time frame.

2.

I have heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents as well.

3.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P17 representation filed by the petitioner before him within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. To enable the 1st respondent to do so, the petitioner is directed to appear before the 1st respondent at his office, at 11 AM on 30.04.2015. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das