High Court of KeralaWP(C)/13448/2015disposed of

Ajay Kumar v. The Deputy Commissioner (Appeals)

2015-05-05Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 WP(C).No. 13448 of 2015 (E) --------------------------------------- PETITIONER(S):

----------------------- AJAY KUMAR K., KALATHILETH HARD WARE, SOUTH OF KSRTC, KAYAMKULAM, ALAPPUZHA.

BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S):

-------------------------

1. THE DEPUTY COMMISSIONER (APPEALS), O/O.DEPUTY COMMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOLLAM - 691 009.

2. COMMERCIAL TAX OFFICER - 1, O/O.COMMERCIAL TAX OFFICER, KAYAMKULAM - 690 502. BY GOVERNMENT PLEADER SRI.BOBBY JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 13448 of 2015 (E) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 16.03.2015 TOGETHER WITH THE NOTICE OF DEMAND. EXHIBIT P2:TRUE PHOTOCOPY OF THE APPEAL DATED 04.04.2015 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3:TRUE PHOTOCOPY OF THE AUDIT REPORT IN FROM NO.13 AND STATEMENT OF PARTICULARS IN FORM 13A FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P4: TRUE PHOTOCOPY OF THE APPLICATION FOR STAY FILED IN APPEAL NO.188/2015, DEPUTY COMMISSIONER (APPEALS) KOLLAM. EXHIBIT P5: TRUE PHOTOCOPY OF THE URGENT PETITION FILED IN APPEAL NO.188/2015.

EXHIBIT P6: TRUE PHOTOCOPY OF THE REPRESENTATION DATED 04.04.2015 FILED BEFORE THE COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM.

EXHIBIT P7:TRUE PHOTOCOPY OF LETTER DATED 13.04.2015 ISSUED BY THE COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.V. ASHA, J.

--------------------------------------- W.P.(C) No.13448 of 2015 --------------------------------------- Dated this the 5th day of May, 2015

JUDGMENT

As against Ext.P1 order, the petitioner submitted Ext.P2 appeal and Ext.P4 stay petition. Petitioner seeks disposal of the same.

2. Heard the learned counsel on both the sides.

3. In the said circumstances, there will be a direction to the 1st respondent to consider Ext.P4 stay petition immediately and pass orders on the same within a period of two months. Ext.P2 appeal shall also be disposed of in the due course. Till final orders are passed on Ext.P4 stay petitions, no proceedings shall be initiated against the petitioner for recovering the amount covered by Ext.P1.

The writ petition is disposed of.

Sd/- P.V. ASHA, JUDGE sp