Disposed

Rani Baby v. State of Kerala

Kerala HC13 Jan 2010WP(C)/640/2010

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition against coercive tax steps while appeals were pending. The court directed the appellant commissioner to expedite appeals and stayed further proceedings, subject to security.

What did the court decide?

The Deputy Commissioner (Appeals) directed to consider pending statutory appeals within six weeks; further proceedings under impugned orders stayed pending final orders subject to security bond.

Rani Baby Vs State of Kerala — Writ and Judicial Review | Kerala HC (2010)

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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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WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931

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WP(C).No. 640 of 2010(D)

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PETITIONER(S):

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RANI BABY, W/O. BABY JOSEPH,

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AGED 46 YEARS, RESIDING AT PATTARUMADOM HOUSE, ARAKKUZHA, MUVATTUPUZHA.

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BY ADV. SRI.C.A.SADASIVAN

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SRI.S.ABU BAKER KUNJU SRI.JOY P.JOSE

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SRI.RAMAN JANARDHANAN

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SRI.SOJAN MATHEW

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SRI.K.N.KRISHNAN NAMBOOTHIRI

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RESPONDENT(S):

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THE SECRETARY, TAXES, THIRUVANANTHAPURAM

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THE COMMERCIAL TAX OFFICER, IST CIRCLE, THODUPUZHA.

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THE DEPUTY COMMISSIONER (APPEALS), ERNAKULAM.

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CANAN TECHNOLOGIES (P) LTD.M, PANAMPILLY NAGAR, KOCHI.

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GOVERNMENT PLEADER SRI.C.K.GOVINDAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON, J.

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WP(C) No. 640 of 2010

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Dated, this the 13^th day of January, 2010

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J U D G M E N T

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Challenging Exts.P1 and P2 assessment orders, the petitioner has already approached the statutory authority by filing Exts.P3 and P4 appeals. The grievance of the petitioner is that, it is without any regard to the pendency of the above proceedings, that the coercive steps are being pursued against the petitioner, which hence is sought to be intercepted by this Court.

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Heard the learned Government Pleader as well.

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After considering the particular facts and circumstances narrated in the Writ Petition and also after going through the contents of Exts.P7 and P8, this Court finds it fit and proper to have the matter finalized by the Appellate Authority at the earliest.

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In the above facts and circumstances, the 3^rd respondent is hereby directed to consider Exts.P3 and P4 appeals in accordance with law, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. Till such final orders are passed, all further proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance, subject to the condition that the petitioner shall furnish a 'security bond' to the satisfaction of the 2^nd respondent.

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P. R. RAMACHANDRA MENON JUDGE

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dnc

Rani Baby v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rani Baby v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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