Petitioner filed a writ petition challenging a revenue recovery notice and an order linked to a prior stay. The court allowed the petition, quashed the impugned exhibits, and directed parties to follow terms of a connected judgment dated 5.3.2009.
Quashed Exts.P4 and P5; parties governed by terms of judgment dated 5.3.2009 in WP(C).23980/2007.
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 THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931
WP(C).No. 7099 of 2008(T)
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PETITIONER(S):
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K.M.MATHEW, KUZHUVOMMANNIL, KURAVANKUZHI P.O., PULLAD.
BY ADV. MR.THAMPAN THOMAS
RESPONDENT(S):
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1. THE COMMERCIAL TAX OFFICER - (AA), OFFICE OF THE ASSISTANT COMMISSIONER (AA), COMMERCIAL TAXES, PATHANAMTHITTA.
2. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM.
3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
4. DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, THIRUVALLA.
BY GOVERNMENT PLEADER MR. K.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.7099/2008 T
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE STAY ORDER IN W.P.C.NO.(C) NO.36035/2007 DTD. 06/12/07. |
|---|---|
| EXT.P2: | COPY OF THE OBJECTION FILED BY THE PETITIONER ON 22/01/2008. |
| EXT.P3: | COPY OF THE STAY ORDER IN WP9C) NO.3460/2008 DTD. 31/01/2008. |
| EXT.P4: | COPY OF THE ORDER. |
| EXT.P5: | COPY OF THE REVENUE RECOVERY NOTICE B7/19/08/ST DTD. 25/02/08. |
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.7099 of 2008-T
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Dated this the 23rd day of March, 2009.
JUDGMENT
1.Heard.
The writ petition is allowed as above. No costs.
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
Sha/230309
K.M. Mathew
The Commercial Tax Officer
The Commissioner of Commercial Taxes
State of Kerala
Deputy Tahsildar
Thottathil B. Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
