High Court of KeralaWP(C)/22161/2015disposed of

K.K.Subaida v. The Commercial Tax Officer

2015-07-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 22161 of 2015 (U) --------------------------------------- PETITIONER(S):

----------------------- K.K.SUBAIDA, M/S. UDUNGAL POULTRY FARM, ERUTHEMPATHY - 678 555, CHITTUR, PALAKKAD DISTRICT.

BY ADV. SRI.HARISANKAR V. MENON RESPONDENT(S):

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

1. THE COMMERCIAL TAX OFFICER - I, CHITTUR - 678 101.

2. ASST. COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD - 678 014.

3. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, TIRUR - 676 101.

BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 22161 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DT.03.09.2014. P2 - COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.02.06.2015.

P3 - COPY OF STAY PETITION FILED BY THE PETITIONER DT.02.06.2015. P4 - COPY OF NOTICE IN FORM NO.1 ISSUED BY THE 3RD RESPONDENT DT. 24.06.2015.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.22161 of 2015 ----------------------------------- Dated this the 23rd day of July, 2015

J U D G M E N T

The petitioner has filed this writ petition challenging Ext.P1 assessment order for the year 2010-11 passed by the 1st respondent. The petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition against the said order.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents. Considering the facts and circumstances of the case, this writ petition is disposed of directing the 2nd respondent to consider the stay petition, after issuing notice to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Till a final decision is taken as directed above, all the coercive proceedings pursuant to Ext.P4 notice shall be kept in abeyance. Sd/- A.MUHAMED MUSTAQUE, JUDGE.