The High Court directed the 2nd respondent to decide on stay petitions within three weeks. Revenue recovery proceedings against the petitioner were kept in abeyance pending such a decision.
Directions to consider stay petitions within 3 weeks; revenue recovery proceedings kept in abeyance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH
THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930
WP(C).No. 19 of 2009(B) -----------------------
PETITIONER(S):
M/S.MALABAR COLLECTIONS (P) LTD CENTURY PARK COMPLEX NEAR NEW BUS STAND, KASARAGOD REPRESENTED BY ITS MANAGING DIRECTOR ABDUL JALEEL
BY ADV. SRI.K.M.FIROZ
RESPONDENT(S):
BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1.1.2009 , THE COURT ON 01/01/2009 DELIVERED THE FOLLOWING:
K.M. JOSEPH, J.
W.P.(C) No. 19 OF 2009 B
Dated this the 1st day of January, 2009
J U D G M E N T
I heard learned senior counsel for the petitioner
Sri.K.B.Mohamedkutty and learned Government Pleader.
Writ petition is disposed of directing the 2nd respondent to consider and take a decision on Exts.P7 to P9 stay petitions in accordance with law, within a period of three weeks from the date of receipt of a copy of this judgment. Till such time, revenue recovery proceedings against the petitioner pursuant to Exts.P1 to P3 and P10 shall be kept in abeyance. The petitioner will produce a copy of this judgment before the 2nd respondent as soon as it is received.
(K.M.JOSEPH, JUDGE)
aks
1 issue framed by the court
Whether the court should direct the revenue authorities to consider stay petitions and keep recovery proceedings in abeyance.
M/S.Malabar Collections (P) Ltd
The Deputy Commissioner(Appeals) Commercial Taxes, Eranjipalam Kozhikode
The Assistant Commissioner(KVAT) Commercial Taxes, Special Circle Kasaragod
Inspecting Assistant Commissioner Office of the IAC, Commercial Taxes Kasaragod
K.M.Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
