Allowed

K.J.Chacko v. Intelligence Officer

Kerala HC14 Aug 2017WP(C)/20583/2017

Case brief

AI extract

What is this about?

Petitioner filed a revision petition against a penalty order under the Commercial Tax Act, failing to meet the revision period. The petitioner sought this writ to compel the respondent authority to consider and pass orders on the condonation of delay and early hearing petitions within six weeks.

What did the court decide?

Direction to the additional 4th respondent to consider and pass orders on the delay condonation and early hearing petitions within six weeks after hearing the petitioner.

K.J.Chacko Vs Intelligence Officer — Writ and Judicial Review | Kerala HC (2017)

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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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 14TH DAY OF AUGUST 2017/23RD SRAVANA, 1939

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WP(C).No. 20583 of 2017 (W)

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PETITIONER(S):

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K.J. CHACKO,

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C/O. SRI.K.P. PHILIP, KARUNNAPPUZHA HOUSE, MALLAPPALLY WEST, PATHANAMTHITTA, PIN- 689 585.

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BY ADVS.SRI.K.N.SREEKUMARAN, SMT.V.P.SEENA DEVI.

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RESPONDENT(S):

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1. INTELLIGENCE OFFICER, COMMERCIAL TAXES, PATHANAMTHITTA AT THIRUVALLA, PIN- 689 101.

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2. COMMERCIAL TAX OFFICER, THIRUVALLA, PATHANAMTHITTA (DT), PIN- 689 101.

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3. TAHSILDAR, TALUK OFFICE, MALLAPPALLY, PATHANAMTHITTA (DT) PIN- 689 645.

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ADDL. R4 IMPLEADED

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4. ASST. COMMISSIONER (APPEALS), COMMERCIAL TAXES, PATHANAMTHITTA-689 101.

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ADDL. R4 IS IMPLEADED AS PER ORDER DATED 14/08/2017 IN I.A.NO.12769/2017.

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BY GOVT. PLEADER SMT.JASMINE M.M.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 20583 of 2017 (W)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPIES OF THE EXTRACTS OF THE PASSPORT OF THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE LETTER DATED 27-01-2017 ADDRESSED BY THE 3RD RESPONDENT TO THE DISTRICT COLLECTOR, PATHANAMTHITTA.

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EXHIBIT P3 TRUE COPY OF THE PENALTY ORDER NO.CR 11/14-15 DATED 11-05-2016 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE RENT DEED DATED 01-12-2012 AND CONNECTED NOTICE AND RENT RECEIPTS IN U OF SRI. P.DEVARAJ.

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EXHIBIT P5 TRUE COPY OF THE CONSENT NO.ICO/PTA/397/R1/2012 DATED 02-07-2012 ISSUED BY THE KERALA POLLUTION CONTROL BOARD, PATHANAMTHITTA.

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EXHIBIT P6 TRUE COPY OF NOTICE DATED 14-02-2014 ISSUED BY THE SECRETARY, MALLAPPALLY GRAMA PANCHAYAT & THE APPLICATION FILED BY SRI.DEVARAJ.

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EXHIBIT P7 TRUE COPY OF THE REVISION AGAINST EXT.P3 FILED BEFORE THE ADDITIONAL 4TH RESPONDENT ON 05/08/2017.

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EXHIBIT P7A TRUE COPY OF THE APPLICATION FOR THE CONDONATION
OF DELAY FILED IN EXT.P7 REVISION.

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EXHIBIT P7B TRUE COPY OF THE APPLICATION FOR THE EARLY HEARING FILED IN EXT.P7 REVISION.

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RESPONDENT'S EXHIBITS:-

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ANNEXURE R1A COPY OF THE ACKNOWLEDGMENT DATED 21/06/2014. ANNEXURE R1B COPY OF THE ACKNOWLEDGMENT DATED 02/10/2014. ANNEXURE R1C COPY OF THE WRITTEN CERTIFICATE.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.K.JAYASANKARAN NAMBIAR, J.

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............................................................. W.P.(C).No.20583 Of 2017 -(W ) ............................................................. Dated this the 14^th day of August, 2017

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J U D G M E N T

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Against Ext.P3 order of penalty, the petitioner has preferred Ext.P7 revision petition, Ext.P7(a) application for condonation of delay and Ext.P7(b) early hearing petition before the additional 4^th respondent. The limited prayer in the writ petition is for a direction to the additional 4^th respondent to consider and pass orders in the revision petition expeditiously after hearing the petitioner.

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I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents.

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On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition by directing the additional 4^th respondent to consider and

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-2-

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W.P.(C).No.20583 Of 2017 -(W )

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pass orders on Ext.P7(a) delay condonation petition and Ext.P7(b) early hearing petition within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner.

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The writ petition is disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/14.08.17

K.J.Chacko v. Intelligence Officer

Case brief

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K.J.Chacko v. Intelligence Officer

Case brief

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