Wp(C)/18609/2012 Of M/S River v. The Agricultural Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934 WP(C).No. 18609 of 2012 (A) --------------------------- PETITIONER(S): ------------- M/S RIVER & COUNTRY TOURS, MUNICIPAL SHOPPING COMPLEX, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER, TOMY JOSEPH. BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH SREEJITH R.NAIR RESPONDENT(S): -------------- 1. THE AGRICULTURAL INCOME TAX AND COMMERCIAL TAX OFFICER, ALAPPUZHA, PIN - 688 001. ALAPPUZHA, PIN - 688 001. 2. THE DEPUTY COMMISSIONER (APPEALS), KOLLAM, PIN - 691 001. KOLLAM, PIN - 691 001. 3. DEPUTY TAHSILDAR (R.R), AMBALAPUZHA, PIN - 688 561. AMBALAPUZHA, PIN - 688 561. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES), THIRUVANANTHAPURAM, PIN - 695 001. THIRUVANANTHAPURAM, PIN - 695 001. BY GOVERNMENT PLEADER SMT SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18609 of 2012 (A) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE ORDER DATED 27.12.2012 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2. TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.2ND RESPONDENT. EXHIBIT P3. TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT P4. TRUE COPY OF THE NOTICE DATED 28.06.2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE P.R. RAMACHANDRA MENON, J. .............................................................................. W.P. © No.18609 OF 2012 ......................................................................... Dated this the 8[th] August, 2012 J U D G M E N T Being aggrieved of Exts.P1 assessment order in respect ofthe assessment year 2005-06, the petitioner has preferred Ext.P2 appeal along with Ext.P3 petition for stay, which are pendingconsideration before the second respondent. The grievance ofthe petitioner is that, without any regard to the pendency of theabove proceedings, coercive steps are being pursued as borneby Ext. P4, which is subjected to challenge in this Writ Petition. 2. Heard the learned Government Pleader as well 3. Considering the facts and circumstances, the secondrespondent is directed to consider and pass appropriate orderson Ext.P3 petition for stay, in accordance with law, asexpeditiously as possible, at any rate, within a period of onemonth from the date of receipt of a copy of the judgment. It ismade clear that till such orders are passed in Ext.P3 interlocutory application for stay, all further coercive proceedingspursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of. The petitioner shallproduce a copy of the judgment along with a copy of the writpetition before the second respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk