Wp(C)/6171/2018 Of Irshad Hussain v. Agricultural Income Tax & State Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939 WP(C).No. 6171 of 2018 PETITIONER(S) IRSHAD HUSSAIN ALLEPPEY MARBLES, PATHIRAPPALLY, ALAPPUZHA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SMT. RAHIMATH IRSHAD, RAHMATH MANZIL, M.O. WARD, ALAPPUZHA. BY ADVS.SRI.AJI V.DEV SMT.O.A.NURIYA RESPONDENT(S): 1. AGRICULTURAL INCOME TAX & STATE TAX OFFICER, STATE GOODS & SERVICE TAXES, ALAPPUZHA - 688 001. 2. THE ASSISTANT COMMISSIONER , STATE GOODS & SERVICE TAXES, ALAPPUZHA - 688 001. 3. THE DEPUTY TAHSILDAR , AMBALAPUZHA TALUK, AMBALAPUZHA - 688 001, ALAPPUZHA. R BY SR.GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITSEXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER PASSED FOR THE YEAR 2014-15 DATED 25.09.2017.EXHIBIT P2 A TRUE COPY OF THE APPEAL FILED FOR THE YEAR 2014-15 DATED 10.10.2017.EXHIBIT P2[A] A TRUE COPY OF THE STAY PETITION FILED FOR THE YEAR 2014-15 DATED 10.10.2017.EXHIBIT P2[B] A TRUE COPY OF THE URGENT HEARING PETITION FILED FOR THE YEAR 2014-15 DATED 10.10.2017.EXHIBIT 3 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT FOR HEARING OF EXT.P2 APPEAL ON 31.01.2018 DATED 15.01.2018.EXHIBIT P4 A TRUE COPY OF THE RR NOTICE ISSUED BY THE 3RD RESPONDENT IN FORM NO. 1 DATED 08.02.2018. // TRUE COPY // Sd/-PS TO JUDGE P.B.SURESH KUMAR, J. = = = = = = = = = = = = = W.P.(C).No.6171 of 2018 = = = = = = = = = = = = = Dated this the 5[th] day of March, 2018 J U D G M E N T The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the secondrespondent in disposing of Ext.P2 appeal preferred bythem challenging Ext.P1 assessment order. It is pointedout by the petitioner that the appeal was though heardfinally on 31.01.2018, orders are yet to be passed. 2.Today, when this matter was taken up, the learned Government Pleader, on instructions, submittedthat orders will be passed finally within two weeks fromtoday. 3.In the circumstances, the writ petition isdisposed of recording the submission made by the learnedGovernment Pleader, and directing the respondents WPC.No.6171 of 2018 concerned to defer the proceedings for realisation of theamounts covered by Ext.P1 order by three weeks. Sd/-P.B.SURESH KUMAR, JUDGE. Kvs/- // true copy //