High Court of KeralaWP(C)/21002/2015disposed of

T.A.Salilamma v. State Of Kerala

2015-07-13Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 21002 of 2015 (A) ---------------------------------------- PETITIONER(S):

----------------------- SALILAMMA, PROPRIETRIX, M/S.RESMI WOOD INDUSTRIES, REPRESENTED BY ITS MANAGING, KALAVOOR PO, KATTOOR, ALAPPUZHA DISTRICT.

BY ADV. SRI.A.KRISHNAN RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM-695 001.

2. THE INTELLIGENCE OFFICER, COMMERCIAL TAXES, SQUAD NO.III, NEAR BOAT JETTY, ALAPPUZHA DISTRICT-688 011.

3. THE DEPUTY COMMISSIONER (APPEALS), RAMACHANDRA COMPLEX, VAZHICHERRY, ALAPPUZHA-688 001. BY SENIOR GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21002 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE PENALTY ORDER PASSED BY THE 2ND RESPONDENT DATED 23-12-2014.

P2 :

TRUE COPY OF THE DEMAND NOTICE DATED 23-12-2014, BY THE 1ST RESPONDENT TO THE PETITIONER P3 :

TRUE COPY OF THE REVISION FILED BY PETITIONER BEFORE THE 3RD RESPONDENT P4 :

TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT P3 REVISION. P5 :

TRUE COPY OF THE EARLY HEARING PETITION FILED ALONG WITH EXT P3 APPEAL.

P6 :

TRUE COPY OF THE CONDITIONAL STAY ORDER PASSED BY 3RD RESPONDENT.

P7 :

TRUE COPY OF THE TIME EXTENSION ORDER PASSED BY THE 3RD RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C)No.21002 of 2015 ****************************************************************************** Dated this the 13th day of July, 2015

JUDGMENT

The petitioner, impugning conditional order passed in the Revision filed against the penalty order, has approached this Court. This order was passed on 11.3.2015. The petitioner submits that on account of financial constraints, she was unable to comply with the conditions and the Revisional Authority may be directed to dispose the Revision at the earliest.

I do not find any infirmity with conditional order passed by the Revisional Authority. However, considering the financial constraints of the petitioner, the condition is modified by directing the petitioner to remit Rs.1.5 lakhs within three weeks. The petitioner shall also abide all other conditions in the impugned order. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln