This writ appeal challenging an interim order mandating a deposit disputed by the appellant against Commercial Tax authorities. The High Court held that the Single Judge exercised discretion properly and dismissed the appeal, extending payment time by two weeks.
Writ Appeal dismissed; time for payment extended by two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931
WA.No. 287 of 2010()
-------------------AGAINST THE /ORDER IN WPC.34526/2009 Dated 10/02/2010
APPELLANT:
N.T.THAJUDEEN, 25/638, KARIKATH LANE, THRISSUR.
BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR
RESPONDENT(S):
BY G.P. SRI.K.P.PRADEEP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J.
.................................................................... Writ Appeal No.287 of 2010
.................................................................... Dated this the 19th day of February, 2010.
JUDGMENT
. Raman, Ag. C.J
This appeal is against an interim order passed by the learned Single Judge requiring the appellant to deposit Rs.18 lakhs which is only one third of the penalty amount demanded from the appellant. Challenging the penalty proceedings he filed a Writ Petition which is still pending consideration. Exercising the discretionary power the learned Single Judge found that for the purpose of extending the stay order, a condition should be imposed and accordingly directed to deposit Rs.18 lakhs representing one third only. There is no question of law or any error committed by the learned Single Judge. In passing the interim order the discretion has been properly exercised and we find
2
no ground to interfere with the same. Writ Appeal is dismissed. However, we extend the time for payment by two weeks from today.
P.R.RAMAN Acting Chief Justice
C.N.RAMACHANDRAN NAIR Judge
pms
N.T.Thajudeen
Intelligence Officer, Squad II, Commercial Taxes, Thrissur
Intelligence Officer, Squad III, Commercial Taxes, Thrissur
Assistant Commissioner(Assessment)-II, Commercial Taxes Special Circle, Thrissur
P.R.Raman
C.N.Ramachandran Nair
As recorded by the court registry
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