Disposed

Sri.M.K.Ummer v. the Intelligence Officer (Ib) and Others

Kerala HC26 Mar 2010WP(C)/10297/2010

Case brief

AI extract

What is this about?

Writ petition challenging penalty orders and coercive steps. Court directed appellate authority to hear appeals within six weeks and kept coercive steps in abeyance pending deposit of Rs. 5 lakhs.

What did the court decide?

Coercive steps kept in abeyance conditional on deposit of Rs. 5 lakhs; appellate authority directed to pass orders on appeals within six weeks.

Sri.M.K.Ummer Vs the Intelligence Officer (Ib) and Others — Kerala HC (2010) — LawSathi Research

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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.RAMACHANDRA MENON

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FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932

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WP(C).No. 10297 of 2010(J)

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--------------------------

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PETITIONER:

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SRI.M.K.UMMER, MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD, KOCHI-30.

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BY ADV. SMT.S.K.DEVI

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SRI.SHANMUGHAM D. JAYAN

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RESPONDENTS:

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THE INTELLIGENCE OFFICER (IB), ERNAKULAM, OFFICE OF THE DEPUTY COMMISSIONER (INTELLIGENCE), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM AT EDAPPALLY.

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DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM.

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STATE OF KERALA, REP. BY ITS FINANCE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON, J.

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W.P.(C) No. 10297 OF 2010

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......................................................................... Dated this the 26^th March , 2010

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J U D G M E N T

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Being aggrieved of Exts.P3 and P4 orders dated 27.02.2010 issued by the 1^st respondent/Intelligence Officer imposing penalty upon the petitioner, the petitioner has preferred Exts.P5 and P6 appeals dated 08.O3.2010 along with Exts. P7 and P8 petitions for stay, which are stated as pending consideration before the second respondent . The petitioner is aggrieved of the coercive steps being pursued without any regard to the pendency of the above proceedings.

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Heard the learned Government Pleader as well.

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Considering the facts and circumstances as to the manner in which the penalty has been imposed and also the challenge raised in respect to thereon, the appellate authority is directed to consider and pass approprite orders on Exts. P5 and P6 appeals, in accordance with law, as expeditiously as possible,

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W.P.(C) No. 10297 OF 2010

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at any rate, within six weeks from date of receipt of a copy of the judgment.

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It is made clear that subject to the above all further coercive steps stated as being pursued against the petitioner shall be kept in abeyance on condition that the petitioner deposits a sum of 'Rs. Five lakhs' within ten days.

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The Writ petition is disposed of as above.

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P.R. RAMACHANDRA MENON, JUDGE.

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Sri.M.K.Ummer v. the Intelligence Officer (Ib) and Others

Case brief

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Sri.M.K.Ummer v. the Intelligence Officer (Ib) and Others

Case brief

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