Dismissed

N.S.Varghese v. the Deputy Commissioner of Salestax, Ekm

Kerala HC14 Dec 2006WP(C)/30080/2006

Case brief

AI extract

What is this about?

This judgment is on a writ petition challenging the delay in disposing of a revision and stay application. The court held that since the revision was filed only in February 2006, no specific time limit existed for disposal, hence no refusal occurred, but directed expeditious disposal.

What did the court decide?

Direction to dispose of the revision petition (Ext.P3) expeditiously. Writ petition is closed.

N.S.Varghese Vs the Deputy Commissioner of Salestax… — Writ and Judicial Review | Kerala HC (2006)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMAN

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THURSDAY, THE 14TH DECEMBER 2006 / 23RD AGRAHAYANA 1928

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WP(C).No. 30080 of 2006(E)

PETITIONER:

N.S. VARGHESE,

NJARTHANKAL HOUSE, VADAVUKODE P.O.,PIN-682 310.

BY ADV. SRI.M.C.JOHN

RESPONDENTS:

THE DEPUTY COMMISSIONER OF SALES TAX, ERNAKULAM.

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THE INTELLIGENCE OFFICER, SQUAD NO.IV, COMMERCIAL TAX, ERNAKULAM.

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THE TAHSILDAR (REVENUE RECOVERY), KUNNATHUNADU TALUK, PERUMBAVOOR.

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BY GOVT.PLEADER SRI JULIAN XAVIER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ORDER ON I.A.NO.16830/2006 IN WP(C).NO.30080/2006

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DISMISSED

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154/12/2006

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Sd/- P.R.RAMAN, JUDGE.

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APPENDIX

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PETITIONER'S EXTS:

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EXT.P1 TRUE COPY OF THE PENALTY ORDER NO.CR-85/2001-02 'DTD. 28/2/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE DEMAND NOTICE ACCOMPANIED TO EXT.P1. EXT.P3 TRUE COPY OF THE REVISION PETITION DTD. 27/2/2006 FILED BY THE PETITIONER. EXT.P4 TRUE COPY OF THE STAY PETITION DTD. 27/2/2006 FILED BY THE PETITIONER. EXT.P5 TRUE COPY OF THE R.R. NOTICE NO.B7-25432/2006 DTD.28/8/2006 ISSUED BY THE 3RD RESPONDENT. EXT.P6 TRUE COPY OF THE ORDER NO.STRP 92/2006 DTD. 22/11/2006 OF THE IST RESPONDENT.

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P.R.RAMAN, J.

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W.P.(C).NO.30080 OF 2006

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Dated this the 14th day of December, 2006

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JUDGMENT

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The only relief sought for in this writ

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petition is for a direction to the lst

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respondent to take up Ext.P3 revision and

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Ext.P4 stay application at an early date and to pass orders thereon. This Court has already passed an interim order directing to consider and dispose of Ext.P4 stay application. As

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such if and when the petitioner feels aggrieved by any order passed on the stay application, he can seek appropriate remedies against the same. Though the petitioner is

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sought for a direction to dispose of Ext.P3 revision, I find that Ext.P3 revision was

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filed only on February, 2006. In such

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circumstances, it cannot be said that there is

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any refusal to dispose of the revision

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-:2:-

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W.P.(C).NO.30080/2006

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petition within a specific time limit. However, there will be a direction to dispose of Ext.P3 revision petition expeditiously.

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Writ Petition is closed.

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P.R.RAMAN, JUDGE.

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kcv.

N.S.Varghese v. the Deputy Commissioner of Salestax, Ekm

Case brief

What is this about?

What did the court decide?

N.S.Varghese v. the Deputy Commissioner of Salestax, Ekm

Case brief

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