High Court of KeralaWP(C)/23974/2015disposed of

Orma Timbers v. State Of Kerala

2015-08-07Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23974 of 2015 (V) ---------------------------- PETITIONER(S) :

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1. ORMA TIMBERS VP. VII/157A, THANKY JUNCTION, N.H.ROAD KALAVANCODAM P.O., CHERTHALA, PIN - 688 586 REPRESENTED BY ITS MANAGING PARTNER LAJI JOSEPH ALAPPUZHA DISTRICT.

BY ADVS.SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SMT.SAVITHA GANAPATHIYATAN SRI.M.M.SHAJAHAN RESPONDENT(S) :

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT TAXES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.

2. DEPUTY COMMISSIONER (APPEALS) TAX COMPLEX, ASRAMOM P.O., CHINNAKKADA KOLLAM DISTRICT, PIN - 691 002.

3. COMMERCIAL TAX OFFICER -II, OFFICE OF THE COMMERCIAL TAX CHERTHALA (PO), ALAPPUZHA DISTRICT, PIN - 688 524.

4. DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, CHERTHALA (PO), ALAPPUZHA DISTRICT PIN - 688 524.

R1 TO R4 BY SR. GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 23974 of 2015 (V) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1COPY OF THE ASSESSMENT ORDER FOR THE MONTH OF AUGUST 2014 ISSUED BY THE 3RD RESPONDENT.

EXT. P2COPY OF THE APPEAL AGAINST EXHIBIT P1 ORDER. EXT. P3COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P2 APPEAL. EXT. P4COPY OF THE DELAY CONDONATION PETITION FILED ALONG WITH EXHIBIT P2 APPEAL.

EXT. P5COPY OF THE NOTICE UNDER SECTION 7 OF REVENUE RECOVERY ACT ISSUED BY THE 4TH RESPONDENT.

EXT. P6COPY OF THE NOTICE UNDER SECTION 34 OF REVENUE RECOVERY ACT ISSUED BY THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J ------------------------------------------------ W.P.(C).No. 23974 of 2015 ------------------------------------------------ Dated this the 07th day of August, 2015

JUDGMENT

The petitioner, impugning assessment order for the year 2013-14, has filed an appeal as per Ext.P1. The petitioner also filed an application for condonation of delay and an application for stay along with the appeal.

2. In view of the above, the following directions are issued : i) The delay application shall be disposed within a period of one month.

ii) If delay is condoned, the stay application shall be disposed of after issuing notice to the petitioner, within a further period of one month.

iii) Till the disposal of the delay application and the stay application, revenue recovery proceedings shall be deferred.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr