Court directed the Public Prosecutor to consider stay petition expeditely and restrained further coercive steps under Revenue Recovery Act pending appropriate orders.
Directed First Respondent to consider stay petition within two months and keep further Revenue Recovery Act proceedings 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 P.R.RAMACHANDRA MENON
FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931
WP(C).No. 575 of 2010(V) -------------------------------------
PETITIONER(S):
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MUNEER CHOLAKKAL, PROPRIETOR, UNITED LIGHT INN, MANNARKKAD, PALAKKAD DISTRICT.
BY ADVS. MR.SAJAN VARGHEESE K., MR.LIJU. M.P.
RESPONDENT(S):
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1. THE DEPTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM.
2. THE COMMERCIAL TAX OFFICER-1, MANNARKKAD.
3. THE INSPG. ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD.
4. THE VILLAGE OFFICER, MANNARKKAD VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT.
R1 TO R4 BY GOVERNMENT PLEADER MR. C.K.GOVINDAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
P.R.RAMACHANDRA MENON, J
W.P(C) No. 575 of 2010-V
Dated this the 8th day of January, 2010.
J U D G M E N T
Challenging Ext.P1 assessment order passed by the second respondent, the petitioner has availed statutory remedy by way of appeal preferred before the first respondent, along with Ext.P4 petition for stay. The grievance of the petitioner is that it is without any regard to the pendency of the said proceedings, that the concerned respondents are pursuing the coercive steps as borne by Ext.P5 invoking the provisions under the Revenue Recovery Act, which in turn is sought to be intercepted.
The Writ Petition is disposed of accordingly.
Sd/P.R.RAMACHANDRA MENON, JUDGE
ab
1 issue framed by the court
Whether the Revenue Recovery Act can be applied while statutory appeal and stay proceedings are pending.
MUNEER CHOLAKKAL
THE DEPTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM
THE COMMERCIAL TAX OFFICER-1, MANNARKKAD
THE INSPG. ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD
THE VILLAGE OFFICER, MANNARKKAD VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
