Wp(C)/25563/2010 Of Sandeep M.a v. Agricultural Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 25563 of 2010(U) -------------------------- PETITIONER(S): --------------- SANDEEP.M.A., DOYIKRISHNA POULTRY FARM, MELARKODE, PALAKKAD DISTRICT. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR SRI.K.UMAMAHESWAR RESPONDENT(S): --------------- 1. AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER, ALATHUR.P.O., PALAKKAD DISTRICT-678 541. 2. THE DY.COMMISSIONER (APPEALS), THEVARA, ERNAKULAM-682 015. 3. THE TAHSILDAR, ALATHUR.P.O., PALAKKAD DISTRICT-678 541. BY SR.GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- ---------------------------- Dated this the 13[th] day of August, 2010. J U D G M E N T Challenging Exts.P1(a) and P1(b) assessment orders for the assessment years 2006-07 and 2007-08 respectively, passed by thefirst respondent, the petitioner has filed Exts.P2(a) and P2(b)appeals, along with Exts.P3(a) and P3(b) petitions for condoning thedelay in filing the same and also accompanied by Exts.P4(a) and P4(b) petitions for stay, which are pending consideration before thesecond respondent. 2.The grievance of the petitioner is that, it is without anyregard to the pendency of the said proceedings, the thirdrespondent has initiated recovery proceedings invoking theprovisions under the Revenue Recovery Act, as borne by Exts.P5(a)and P5(b), which are sought to be intercepted by this Court. The grievance of the petitioner is that, it is without any 3.Heard the learned Government Pleader as well. 4.Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders onthe interlocutory applications for condoning the delay as well as W.P(C) No.25563 of 2010-U interlocutory applications for stay, in accordance with law, asexpeditiously as possible, at any rate within one month from thedate of receipt of a copy of this judgment. It is made clear that, tillappropriate orders are passed in the aforesaid interlocutoryapplications, all further coercive proceedings pursuant to Exts.P5(a)and P5(b) shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENONJUDGE //True Copy// P.A to Judge