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High Court of KeralaWP(C)/30203/2015disposed of

A.M.Basheer v. The Commercial Tax Officer

2015-10-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 30203 of 2015 (A) ---------------------------- PETITIONER(S):

A.M.BASHEER, PRIYA OILS, VALANJAVAZHY, ALAPPUZHA DISTRICT.

BY ADVS.SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR RESPONDENT(S):

1.

THE COMMERCIAL TAX OFFICER, FIRST CIRCLE, ALAPPUZHA - 686 002.

2.

THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM.

BY GOVERNMENT PLEADERSRI.LIJU V.STEPHEN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-15, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 30203 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS :

EXT.P-1:

TRUE COPY OF ORDER DATED 19/03/12 OF 1ST RESPONDENT FOR 2009-2010 (KVAT).

EXT.P-1(A):

TRUE COPY OF ORDER DATED 19/03/2012 OF 1ST RESPONDENT FOR 20102011. EXT.P-2:

TRUE COPY OF ORDER DATED 02//08/2013 ISSUED BY THE DEPUTY COMMISSIONER (APPEALS), KOLLAM IN RESPECT OF EXT.P1. EXT.P-2(A): TRUE COPY OF ORDER DATED 02/08/2013 ISSUED BY THE DEPUTY COMMISSIONER (APPEALS), KOLLAM IN RESPECT OF EXT.P1(A). EXT.P-3:

TRUE COPY OF APPEAL MEMORANDUM AGAINST EXT.P2 IN RELATION TO EXT.P1.

EXT.P-3(A): TRUE COPY OF APPEAL MEMORANDUM AGAINST EXT.P2(A) IN RELATION TO EXT.P1(A) EXT.P-4:

TRUE COPY OF PETITION FOR EARLY HEARING IN EXT.P3 APPEAL. EXT.P-4(A): TRUE COPY OF PETITION FOR EARLY HEARING IN EXT.P3(A) APPEAL. EXT.P-5:

TRUE COPY OF STAY ORDERS DATED 05/11/2013 OF THE APPELLATE TRIBUNAL IN RESPECT OF EXT.P1.

EXT.P-5(A): TRUE COPY OF STAY ORDERS DATED 05/11/2013 OF THE APPELLATE TRIBUNAL IN RESPECT OF EXT.P1(A).

RESPONDENT(S)' EXHIBITS :

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

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.30203 of 2015 ............................................................. Dated this the 6th day of October, 2015 J U D G M E N T Against Exts.P2 and P2(a) first appellate orders, the petitioner has preferred Exts.P3 and P3(a) appeals before the 2nd respondent Tribunal. It is stated by counsel for the petitioner that the stay applications filed along with the appeals have since been heard and petitioner has also complied with the direction in the stay order passed by the Tribunal. The grievance of the petitioner now is that although the appeals are pending since 2013, the same has not been heard and disposed by the 2nd respondent Tribunal till date.

2. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent Tribunal to consider and pass orders on Exts.P3 and P3(a) appeals within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner.

A.K.JAYASANKARAN NAMBIAR JUDGE mns