By Advs.sri.harisankar v. Menon Smt.meera V.menon Sri.mahesh V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935 WP(C).No. 8954 of 2013 (T) --------------------------- PETITIONER(S) : --------------------- M/S.NADAKKAVIL HARDWARES PEEVEES BUILDING, KUTTIPPURAM ROAD, VALANCHERRY MALAPPURAM DISTRICT, REPRESENTED BY N.HARIS MANAGING PARTNER. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S) : ----------------------- 1. AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER KOTTAKKAL-678001. 2. ASST.COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-678001. R BY SENIOR GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 8954 of 2013 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: COPY OF ORDER ISSUED BY THE 1ST RESPONDENT 28.11.2012. EXHIBIT-P2: COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 27.12.2012.RESPONDENT 27.12.2012. EXHIBIT-P3: COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 27.12.2012.RESPONDENT 27.12.2012. RESPONDENT(S)' EXHIBITS : --------------------------------------- NIL. //TRUE COPY// BP P.A. TO JUDGE ----------------------------------- W.P.(C) No.8954 OF 2013 ------------------------------------ Dated this the 1[st] day of April, 2013 J U D G M E N T ~~~~~~~~~~~ Challenging Ext.P1 assessment order for the year 2010-2011, the petitioner has filed Ext.P2 appeal along with Ext.P3 staypetition. The appeal and the stay petition are pendingconsideration of the 2[nd] respondent. In the meanwhile, inpursuance to Ext.P1 assessment order, this writ petition has beenfiled. 2. Taking note of the pendency of Ext.P2 appeal, I direct the2[nd] respondent to pass orders thereon. This the 2[nd] respondentshall do as expeditiously as possible, at any rate, within threemonths from the date of receipt of a copy of this judgment. In themeanwhile, recovery of the tax due under Ext.P1 will stand stayedsubject to the petitioner remitting 1/3[rd] of the amount duethereunder and furnishing security for the balance. This conditionshall be complied with within two weeks from today. 3.Petitioner shall produce a copy of this judgment and thewrit petition before the 2[nd] respondent for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) ps/1/4