By Advs.sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940 WP(C).No. 18991 of 2018 PETITIONER(S) M/S. SHIFA TRADE LINKS, 7/407, PUTHIYANKAM, ALATHUR, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER, T.K MOHAMMED 7/407, PUTHIYANKAM, ALATHUR, PALAKKAD, BASHEER. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT(S): 1. THE AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER, ALATHUR 678 541. ALATHUR 678 541. 2. THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL,SALES TAX COMPLEX, COMPLEX, NOORANI, PALAKKAD 678 004, REPRESENTED BY ITS SECRETARY. 3. THE DY. TAHSILDAR (RR), TALUK OFFICE, TIRUR 676 101. TALUK OFFICE, TIRUR 676 101. R BY GOVERNMENT PLEADER SRI. V.K. SHAMSUDEEN (SR. GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14EXHIBIT P2 COPY OF ORDER ISSUED BY THE ASST. COMMISSIOENR (APPEALS) PALAKKADEXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTEXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTEXHIBIT P5 COPY OF NOTICE IN FORM NO. 1 ISSUED BY THE 3RD RESPONDENT.EB ///TRUE COPY/// P.B.SURESH KUMAR, J. ================== W.P.(C.) No. 18991 of 2018 ------------------------------------------- Dated this the 11[th] day of June, 2018 JUDGMENT Challenging Ext.P2 appellate order under theKerala Value Added Tax Act, the petitioner preferredExt.P3 appeal before the Kerala Value Added TaxAppellate Tribunal. Ext.P4 is the application for staypreferred by the petitioner in the appeal. It is stated thatproceedings have already been initiated for realisation ofthe amounts covered by the order impugned in theappeal. The grievance of the petitioner, in thecircumstances, concerns the delay on the part of theTribunal in deciding the appeal. 2. Heard the learned counsel for the petitioneras also the learned Government Pleader. 3. In the peculiar facts of this case, the writpetition is disposed of directing the Tribunal to pass W.P.(C.) No. 18991 of 2018 orders on the application for stay preferred by thepetitioner, within six weeks from the date of receipt of acopy of this judgment. Needless to say that till orders arepassed on the application for stay, further proceedings forrealization of the amounts covered by the order impugnedin the appeal shall be deferred by the respondentsconcerned. Sd/- EB P.B.SURESH KUMAR JUDGE