Disposed

T.N. Sankarapillai v. the Intelligence Officer

Kerala HC6 Jan 2020WP(C)/31/2020

Case brief

AI extract

What is this about?

This writ petition sought directions to prevent coercive recovery proceedings during the pendency of an appeal. The court directed the second respondent to consider the stay application within six weeks and stayed further coercive steps until then.

What did the court decide?

Direction to second respondent to dispose of stay application within six weeks; coercive recovery proceedings stayed pending such order.

T.N. Sankarapillai Vs the Intelligence… — Constitutional and Fundamental Rights | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

¶5

WP(C).No.31 OF 2020(D)

¶6

PETITIONER/S:

¶7

T.N. SANKARAPILLAI AGED 87 YEARS

¶8

M/S. FOAX CONTROL ENGINEERS, KUNNUMPURAM, DESOM P.O., ALUVA-683 103.

¶9

BY ADVS.

¶10

SRI.P.N.DAMODARAN NAMBOODIRI SHRI. HRITHWIK D. NAMBOOTHIRI

¶11

RESPONDENT/S:

¶12

1 THE INTELLIGENCE OFFICER SQUAD NO.IV, DEPARTMENT OF COMMERCIAL TAXES, MINI CIVIL STATION, MATTANCHERRY AT ALUVA-683 101.

¶13

2 THE ASSISTANT COMMISSIONER(APPEALS), STATE GOODS AND SERVICE TAX DEPARTMENT, THEVARA, ERNAKULAM-682 011.

¶14

3 THE COMMERCIAL TAX OFFICER, STATE GOODS AND SERVICE TAX DEPARTMENT, MINI CIVIL STATION, ALUVA-683 101.

¶15

4 THE SENIOR MANAGER, VIJAYA BANK, MUKKATH PLAZA, BYEPASS JUNCTION, ALUVA-683 101.

¶16

OTHER PRESENT:

¶17

SMT.TUSHARA JAMES, GOVT.PLEADER

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

ALEXANDER THOMAS, J.

¶20

==================

¶21

W.P.(C).No. 31 of 2020

¶22

==================

¶23

Dated this the 6^th day of January, 2020 J U D G M E N T

¶24

Against Ext. P-1 order, the petitioner has filed Ext.P2 appeal

¶25

along with Ext.P-2 stay petition. The petitioner apprehends that during the pendency of the stay petition, coercive recovery proceedings will be initiated by the assessing authority for recovery of the disputed amounts.

¶26

Heard Sri.P.N.Damodaran Namboodiri, learned counsel appearing for the petitioner and Smt.Thushara James, learned Government Pleader appearing for the respondents.

¶27

After hearing both sides and after taking note of the facts

¶28

and circumstances of the case, it is ordered in the interest of justice that the 2^nd respondent shall take up the matters in Ext.P-3 stay application filed in Ext.P-2 appeal and after affording reasonable opportunity of being heard to the petitioner through his authorised representative/counsel, if any, shall pass orders on the said application without much delay, preferably within a period of six weeks from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid stay

¶29

W.P.(C).No.31/20 - : 3 :-

¶30

application, further coercive steps for enforcement of the impugned order will be kept in abeyance.

¶31

With these observations and directions, the above Writ Petition

¶32

(Civil) stands finally disposed of.

¶33

sdk+

¶34

Sd/- ALEXANDER THOMAS, JUDGE

¶35

APPENDIX

¶36

PETITIONER'S/S EXHIBITS:

¶37

EXHIBIT P1 TRUE (OR- 1ST	COPY OF THE 1169/2013-14 RESPONDENT FOR	PENAL DATED TYE Y	TY ORDER NO.OR-12/2018-19 14/01/2019 PASSED BY THE EAR 2013-14.
EXHIBIT P2 TRUE FILE FOR	COPY OF THE D BY THE PETI THE YEAR 2013-	FIRS TIONER 14.	T APPEAL DATED 01.01.2020 BEFORE THE 2ND RESPONDENT
EXHIBIT P3 TRUE FILE FOR	COPY OF THE D BY THE PETI THE YEAR 2013-	STAY TIONER 14.	PETITION DATED 01.01.2020 BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE FOR EXTE 1ST	COPY OF THE AN AMOUNT OF NSION LETTER RESPONDENT.	BANK RS.217 ISSUED	GUARANTEE DATED 15.03.2014 50/- ALONG WITH THE PERIOD BY 4TH RESPONDENT TO THE

T.N. Sankarapillai v. the Intelligence Officer

Case brief

What is this about?

What did the court decide?

T.N. Sankarapillai v. the Intelligence Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Clinton Antony Vs State of Kerala

Satheesan, Vs the State of Kerala

C.K.Vinod, Vs State of Kerala

Kgm Gold Vs the State Tax Officer

Jacob John Vs Indian Overseas Bank

P.v.Yesoda Amma, Vs Rajiv Gauba