High Court of KeralaWP(C)/24986/2015disposed of

Manjudevi R.Tantia v. The Asst.Commissioner (Assmnt), Palakkad

2015-08-18Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 24986 of 2015 (W) --------------------------------------- PETITIONER(S):

---------------------- MANJUDEVI R.TANTIA, PROPRIETRIX, BABA STEELS, KANJIKODE P.O., PALAKKAD.

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

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

1. THE ASST. COMMISSIONER (ASSMNT), PALAKKAD, SPECIAL CIRCLE, COMMERCIAL TAXES, PALAKKAD - 678 001.

2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENTS OF COMMERCIAL TAXES, SALES TAX COMPLEX, ERNAKULAM - 682 013.

3. THE INSPECTING ASST. COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD - 678 001. BY SENIOR GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 24986 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT DT. 20.5.2015. P2 - COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 25.5.2015.

P3 - COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 25.5.2015.

P4 - COPY OF RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT 11.8.2015. RESPONDENT(S)' EXHIBITS:

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

Msv/

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 24986 of 2015 ------------------------------------------- Dated this the 18th day of August, 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 along with Ext.P3 petition for stay against the said order. 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 respondent to consider Ext.P3 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 shall be kept in abeyance.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.