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High Court of KeralaWP(C)/16775/2015disposed of

M.J.Aboobacker v. The Commercial Tax Officer

2015-06-05Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WP(C).No. 16775 of 2015 (V) ---------------------------- PETITIONER :

----------------------- M.J.ABOOBACKER, M/S M.J.M. CHICKEN AGENCIES, MYSORE ROAD, THIRUNELLY, MOOLAMKAVE P.O, SULTHAN BATHERY.

BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S):

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

1. THE COMMERCIAL TAX OFFICER, SULTHAN BATHERY-673 592

2. ASST. COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE-673 001

3. DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, WAYANAD AT KALPETTA-673 121

4. DEPUTY TAHSILDAR (RR), TALUK OFFICE, TIRUR-676 101 BY SR GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 16775 of 2015 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 13/02/2014.

EXT.P1(A) COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 12/03/2014 EXT.P1(B) TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 13/02/2014 EXT.P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/04/2014 EXT.P2(A) COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/04/2014 EXT.P2(B) COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16/04/2014 EXT.P3 COPY OF DELAY PETITION FILED BY THE PETITONER DATED 16/04/2014 EXT.P3(A) COPY OF DELAY PETITION FILED BY THE PETITONER DATED 16/04/2014 EXT.P3(B) COPY OF DELAY PETITION FILED BY THE PETITONER DATED 16/04/2014 EXT.P4 COPY OF STAY PETITION FILED BY THE PETITONER DATED 16/04/2014 EXT.P4(A) COPY OF STAY PETITION FILED BY THE PETITONER DATED 16/04/2014 EXT.P4(B) COPY OF STAY PETITION FILED BY THE PETITONER DATED 16/04/2014 EXT.P5 COPY OF NOTICE IN FORM NO.1 ISSUED BY THE 4TH RESPONDENT DATED 24/04/2015 EXT.P5(A) COPY OF NOTICE IN FORM NO.1 ISSUED BY THE 4TH RESPONDENT DATED 24/04/2015 RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.16775 of 2015 ----------------------------------- Dated this the 5th day of June, 2015

J U D G M E N T

The petitioner has filed this writ petition against Exts.P1 series assessment orders. The petitioner has preferred Exts.P2 series of appeals, Exts.P3 series of delay condonation petitions and Exts.P4 series of stay petitions against those orders.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents.

3. Considering the facts and circumstances of the case, this writ petition is disposed of directing the 2nd & 3rd respondents to consider the delay condonation petitions within one month from the date of receipt of a copy of this judgment. If the delay petitions are allowed, they are further directed to consider the stay petitions, after issuing notice to the petitioner, within a further period of one month. Till a final decision is taken in the matter as directed above, all the coercive proceedings pursuant to Exts.P5 and Ext.P5(a) notices shall be kept in abeyance.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

AV