Orma Timbers v. The State Of Kerala

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. 24032 of 2015 (D) ---------------------------- PETITIONER :

--------------------- ORMA TIMBERS VP.VII/157A, THANKY JUNCTION, N.H.ROAD KALAVANCODAM P.O., CHERTHALA, PIN - 688 586 REPRESENTED BY ITS MANAGING PARTNER LAJI JOSEPH. BY ADVS.SRI.SHAJI CHIRAYATH SMT.SAVITHA GANAPATHIYATAN SRI.M.M.SHAJAHAN SMT.JIJI M. VARKEY RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT TAXES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001.

2. DEPUTY COMMISSIONER (APPEALS) TAX COMPLEX, ASRAMOM P.O., CHINNAKKADA KOLLAM DISTRICT, PIN - 691002.

3. COMMERCIAL TAX OFFICER-II OFFICE OF THE COMMERCIAL TAX, CHERTHALA (PO) ALAPPUZHA DISTRICT, PIN - 688524.

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. 24032 of 2015 (D) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-12 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P2:

COPY OF THE APPEAL AGAINST EXHIBIT P1 ORDER.

EXHIBIT-P3:

COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT-P2 APPEAL. EXHIBIT-P4:

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

EXHIBIT-P5:

TRUE COPY 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. 24032 of 2015 ------------------------------------------------ Dated this the 07th day of August, 2015

JUDGMENT

The petitioner, as against assessment order for the year 2011-12, has filed an appeal as per Ext.P1. The petitioner also filed an application of stay as per Ext.P3 along with the appeal. In that view of the matter, the following directions are issued : i) The stay application shall be disposed of within two months after issuing notice to the petitioner. ii) Till the disposal of the stay application, the revenue recovery proceedings shall be deferred.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr