Kerala High Court
WP(C)/34573/2006 of M/S.VIDYARAMBHAM PRESS BOOK DEPOT(P) Vs DEPUTY TAHSILDAR(RR) on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 WP(C).No. 34573 of 2006(N) -------------------------- PETITIONER: ------------------ M/S.VIDYARAMBHAM PRESS BOOK DEPOT (P) LTD, MULLAKKAL, ALLEPPEY REPRESENTED BY
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
WP(C).No. 34573 of 2006(N)
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PETITIONER:
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M/S.VIDYARAMBHAM PRESS BOOK DEPOT (P) LTD,MULLAKKAL, ALLEPPEY REPRESENTED BY ITSMANAGING DIRECTOR, GOPALKRISHNAN CHETTIYAR.
BY ADV. SRI.A.K.ALEX
RESPONDENTS:
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1.DEPUTY TAHASILDAR (R.R), AMBALAPUZHA.
2.DISTRICT COLLECTOR, ALLAPPUZHA.
3.VILLAGE OFFICER, MULLAKKAL VILLAGE OFFICE,MULLAKKAL, ALLAPPUZHA.MULLAKKAL, ALLAPPUZHA.
4.COMMERCIAL TAX OFFICER, 2ND CIRCLE,COMMERCIAL TAXES, ALLAPPUZHA.COMMERCIAL TAXES, ALLAPPUZHA.
5.THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOLLAM.COMMERCIAL TAXES, KOLLAM.
BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Dated this the 26[th] day of December, 2006
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J U D G M E N T
Challenging Exhibit P1 order of assessment, the petitioner has filed ExhibitP3 appeal before the 5[th] respondent. Along with Exhibit P3 appeal, P4 stayapplication was also filed. Appeal and stay application have not been disposed of.Meanwhile revenue recovery proceedings were initiated and Exhibit P5 demandnotice was issued. The prayer of the petitioner is to stay revenue recoveryproceedings pending the disposal of the appeal and the stay application.
2. After hearing the counsel for the petitioner as well as the learnedGovernment Pleader, I am of the view that the 5[th] respondent can be directed todispose of Exhibit P4 stay petition expeditiously, on condition that the petitionershall deposit a sum of Rs.40,000/- within a period of six weeks.
3. Accordingly, there will be a direction to the 5[th] respondent to disposeof Exhibit P4 stay petition as expeditiously as possible after the petitioner makesthe deposit of Rs.40,000/- within a period of six weeks from today. Exhibit P5 andthe proceedings under the Revenue Recovery Act shall be kept in abeyance till thestay petition is decided by the 5[th] respondent.
Writ petition is disposed of as above.
K.T.SANKARAN, JUDGE