Writ Appeal allowed modifying stay order. Stay reduced to Rs.15 lakhs payment in three weeks. Sale pursuant to recovery proceedings withheld until disposal of appeal.
Stay order modified; payment reduced to Rs.15,00,000 within three weeks; sale in recovery proceedings stayed until appeal disposal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2012/19TH MAGHA 1933
WA.No. 191 of 2012 () IN WPC/134/2012 -------------------------------------AGAINST THE ORDER/JUDGMENT IN WPC.134/2012 DATED 04/01/2012
APPELLANT(S)/PETITIONER:
JAMALUDEEN KUNJU B.M.AGENCIES, MEMANA, OCHIRA P.O. KOLLAM-690526.
BY ADVS.SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR
RESPONDENT(S)/RESPONDENTS:
1. THE COMMERCIAL TAX OFFICER KARUNAGAPPALLY, KOLLAM-690518.
2. THE DEPUTY COMMISSIONER (APPEALS)-II,
3. THE TAHSILDAR
R BY MR.BOBBY JOHN, GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ.
W.A.No.191 of 2012
Dated this the 8th day of February, 2012.
J U D G M E N T
Ramachandran Nair, J.
Heard learned counsel for the appellant and learned Government Pleader for the respondents.
is called for to the stay order because the appellant has remitted Rs.2,00,000/- (Rupees two lakhs only) towards compounding fee. Therefore, we allow the Writ Appeal by vacating the judgment of the learned Single Judge and by modifying the stay order by reducing payment from 40% of the penalty to Rs.15,00,000/- (Rupees fifteen lakhs only). The appellant is granted three weeks' time from now for making payment of Rs.15,00,000/-. Sale pursuant to revenue recovery proceedings will be withheld for three weeks from now, and if payment is made as above, sale will be withheld until disposal of the appeal, and thereafter recovery will be continued based on orders in appeal.
W.A.No.191/2012
2
This Writ Appeal is allowed by modifying the stay order
as above.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P. JOSEPH, JUDGE)
jg
Jamaludeen Kunju B.M.Agen, Memana
The Commercial Tax Officer, Karunagappally
The Deputy Commissioner (Appeals)-II, Commercial Taxes, Kollam
The Tahsildar, Revenue Recovery, Karunagappally
C.N.Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
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