By Advs.sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DAY OF OCTOBER 2012/27TH ASWINA 1934 WP(C).No. 25016 of 2012 (B) --------------------------- PETITIONER(S): ------------- V.KRISHNAKUMAR, AGED 43 YEARS,M/S.KERALA CHICKEN CENTRE,MAHALIKUDAM,THENKURISSI, PALAKKAD DT. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): -------------- 1.AGRL. INCOME TAX AND COMMERCIAL TAX OFFICER,TAX OFFICER, ALATHUR.TAX OFFICER, ALATHUR. 2.ASST.COMMISSIONER (APPEALS),DEPARTMENT OF COMMERCIAL TAXES,PALAKKAD 678001.DEPARTMENT OF COMMERCIAL TAXES,PALAKKAD 678001. 3.INSPECTING ASST.COMMISSIONER,DEPARTMENT OF COMMERCIAL TAXES,CHITTUR, PALAKKAD DT 678001. BY SR GOVERNMENT PLEADER SMT.SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON19-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25016/12 APPENDIX PETITIONER'S EXHIBITS EXT.P1:COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DT18.6.12. EXT.P2:COPY OF APPEAL FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT DATED 8.8.12. EXT.P3:COPY OF DELAY PETITION FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT DATED 8.8.12.EXT.P4:COPY OF STAY PETITION FILED BY THE PETITIONERBEFORE the 2ND RESPONDENT. //True Copy// Rp PA to Judge ANTONY DOMINIC, J. ================ W.P.(C) NO. 25016 OF 2012 =================== Dated this the 19[th] day of October, 2012 J U D G M E N T Aggrieved by Ext.P1 order of assessment for the year 2010-11, petitioner filed Ext.P2 appeal. Along with the appeal, he hasalso filed Ext.P3 application for condoning delay of 14 days andalso Ext.P4 application seeking stay of recovery pending disposalof the appeal. The appeal and the other applications are pendingconsideration of the 2[nd]respondent. In the meanwhile,apprehending coercive action in pursuance to Ext.P1, the writpetition is filed. 2.Taking note of the pendency of Ext.P3 application forcondonation of delay and Ext.P4 application for stay, I direct the2[nd] respondent, the appellate authority to consider Ext.P3, and ifdelay is condoned, to consider Ext.P4 stay petition. This the 2[nd]respondent shall do at any rate within 4 weeks from today. It isdirected that in the meanwhile, recovery pursuant to Ext.P1 willstand stayed. 3.Petitioner will produce a copy of this judgment along :2 : with a copy of the writ petition before the 2[nd] respondent forcompliance. Writ petition is disposed of as above. Rp ANTONY DOMINIC, JUDGE