Wp(C)/22465/2013 Of T.c.raghavan v. Kerala Agricultural Income Tax And Sales Tax Appellate Tribunal

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935 WP(C).No. 22465 of 2013 (G) ---------------------------- PETITIONER(S):--------------- T.C.RAGHAVAN S/O. LATE T.C. GOVINDAN, T.C. HOUSE, P.O KUNHIMNGALAM KANNUR. BY ADVS.SRI.M.P.ASHOK KUMAR SRI.S.NANDAGOPAL RESPONDENT(S): -------------- 1. KERALA AGRICULTURAL INCOME TAX AND SALES TAX APPELLATE TRIBUNAL ADDITIONAL BENCH, PALAKKAD - 678 001. 2. SPECIL DEPUTY TAHSILDAR REVENUE RECOVERY, KANNUR - 670001. 3. THE COMMERCIAL TAX OFFICER -I (WORKS CONTRACT), KANNUR - 670 001. (WORKS CONTRACT), KANNUR - 670 001. R BY GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT-P1-TRUE COPY OF THE ORDER DATED 10/08/2012. EXHIBIT-P2-TRUE COPY OF THE ORDER DATED 26/03/2013. EXHIBIT-P3-TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 26/06/2013WITHOUT EXHIBITS. EXHIBIT-P4-TRUE COPY OF THE STAY APPLICATION DATED 26/06/2013. EXHIBIT-P5-TRUE COPY OF THE DEMAND DRAFT DATED 06/02/2013 EXHIBIT-P6-TRUE COPY OF THE COVERING LETTER DATED 8/2/2013 EXHIBIT P7-TRUE COPY OF THE RECOVERY NOTICE DATED 21/06/2013.EXHIBIT-P7-TRUE COPY OF THE OBJECTION DATED 12/07/2013. RESPONDENT(S)' EXHIBITS: NIL----------------------- SCL. TRUE COPY PA TO JUDGE P.R. RAMACHANDRA MENON, J.------------------------------------- W.P.(C) No.22465 of 2013 -------------------------------------- Dated this the 9[th] day of September, 2013 JUDGMENT Being aggrieved of Ext.P1 assessment order passed by theassessing authority, the petitioner challenged the same by wayof appeal and the same did not turn to be fruitful as borne byExt.P2. This made the petitioner to challenge it further by wayof Ext.P3 appeal, which is pending consideration along withExt.P4 application for stay before the first respondent. Thegrievance of the petitioner is with regard to the coercive stepstaken by the second respondent by way of Ext.P7, which madehim to approach this Court by filing this writ petition. 2.Heard the learned Government Pleader as well. 3.After hearing both the sides, there will be a directionto the first respondent to consider and pass appropriate orderson Ext.P4 application for stay in accordance with law, whichshall be done at the earliest, at any rate, within 'six weeks'from the date of receipt of a copy of this judgment. All further W.P.(C) No.22465 of 2013 proceedings pursuant to Ext.P7 demand notice shall kept inabeyance, till such time. The petitioner shall produce a copy ofthe judgment along with a copy of the writ petition before thefirst respondent for compliance. The writ petition is disposed of. Scl. Sd/ P.R. RAMACHANDRA MENON, JUDGE.