Kerala High Court
WP(C)/38080/2008 of M/S.PERIYAR GRANITES (P) LTD. Vs INTELLIGENCE OFFICER AND OTHERS on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38080 of 2008(G) --------------------------------------- PETITIONER: ------------------- M/S.PERIYAR GRANITES (P) LTD., AIRAPURAM P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38080 of 2008(G)
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PETITIONER:
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M/S.PERIYAR GRANITES (P) LTD.,
AIRAPURAM P.O., KEEZHILLAM, PERUMBAVOOR, REPRESENTED BY ITS DIRECTOR, T.JACOB.
BY ADV. SRI.ARIKKAT VIJAYAN MENON,
SRI.HARISANKAR V. MENON,
SMT.MEERA V.MENON,
SRI.MAHESH V.MENON.
RESPONDENTS:
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1. INTELLIGENCE OFFICER, SQUAD NO.III,
DEPARTMENT OF COMMERCIAL TAXES,
ERNAKULAM.
2. DEPUTY COMMISSIONER (APPEALS),
DEPARTMENT OF COMMERCIAL TAXES,
ERNAKULAM.
3. INSPECTING ASST.COMMISSIONER,
DEPARTMENT OF COMMERCIAL TAXES,
MUVATTUPUZHA.
R1 TO R3 BY GOVT. PLEADER SRI. V. TEK CHAND.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.38080 of 2008-G
= = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26[th] day of December, 2008.JUDGMENT
Having considered the contents of Ext.P1 and thegrounds of appeal in Ext.P2 appeal and havingconsidered the pleadings in the writ petition andhaving heard the learned counsel for thepetitioner and the learned Government Pleader, itis ordered that recovery proceedings pursuant toExt.P1 will stand suspended during the pendencyof Ext.P2 appeal on condition that the petitionerremits an amount of Rs.1,35,000/- within threeweeks. If such remittance is made, Ext.P2 appealwill be taken up out of turn and disposed ofwithin four months from the date of receipt of acopy of this judgment or deposit, whichever islater. It is clarified that the appellateauthority will be at liberty to arrive at its owndecision on the delay petition. The petitioner WP(C)38080/08
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will produce a copy of this judgment before theappellate authority. The writ petition isordered accordingly.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/