High Court of KeralaWP(C)/35613/2015disposed of

Regi Kurian v. The Asst.Commissioner(Wc)Ernakulam

2015-11-25Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(C).No. 35613 of 2015 (B) ---------------------------- PETITIONER :

----------------------- REGI KURIAN, M/S. INSCAPE DESIGNS SOLUTIONS, 1ST FLOOR, P.T. USHA ROAD, ERNAKULAM, KOCHI-11 BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S):

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1. THE ASST. COMMISSIONER (WC), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM-682 013

2. THE INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KAKKANAD, KOCHI-30

3. STATE BANK OF INDIA, M.G.ROAD BRANCH, LIC BUILDING, M.G.ROAD, KOCHI-11, REPRESENTED BY ITS MANAGER.

R1 & R2 BY GOVERNMENT PLEADER SRI.RANJITH R3 BY ADV.SRI.R.S.KALKURA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.35613/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-13 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATABASE 22/08/2014. P2 COPY OF THE AUDITED STATEMENT IN FORM NO.13 FILED BY THE PETITIONER DATED NIL P2(A) COPY OF THE AUDITED STATEMENT IN FORM NO.13A FILED BY THE PETITIONER DATED NIL P3 COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 25/05/2015 P4 COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20/06/2015 P5 COPY OF THE NOTICE IN FORM NO.1 ISSUED BY THE 2ND RESPONDENT DATED 12/08/2015 P6 COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07/09/2015 P7 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 13/11/2015. RESPONDENT'S EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 35613 of 2015 ===================================================== Dated this the 25th day of November, 2015

JUDGMENT

The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent, before whom the petitioner has preferred Ext.P4 second request for rectification, to consider and pass orders on the same, expeditiously, after hearing the petitioner. 2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct the 1st respondent to consider and pass orders on Ext.P4 application for rectification, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that, recovery steps pursuant to Ext.P5, as also Ext.P7 notices, shall be kept in abeyance, till such time as orders are passed by the 1st respondent as directed and communicated to the petitioner. It is also made clear that during the pendency of the stay granted in this judgment, the petitioner shall also be permitted to operate the account that is covered by Ext.P7 notice. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /25.11.15