Research › Search › Judgment

Kerala High Court · body

2011 DIGILAW 494 (KER)

EMMANUEL MATHEW, AISWARYA BEVERAGES v. COMMERCIAL TAX OFFICER, THIRUVALLA

2011-05-26

C.K.ABDUL REHIM

body2011
JUDGMENT Challenge in this writ petition is against Ext. P5 interim order issued by the 2nd respondent appellate authority. The condition imposed for payment of 40% of the balance tax due, is challenged on the ground that the appellate authority had imposed such a condition in a mechanical manner, without proper advertence to the grounds raised in the appeal and without considering merits of such grounds. However, during pendency of the writ petition this court granted an interim order, staying recovery, subject to condition of the petitioner making payment of 25% of the total amount due. It is reported that the condition has already been complied with. Under the above circumstances, I am of the view that ends of justice will be achieved if a direction is issued to the 2nd respondent to dispose of Exts. P3 and P4 appeals on an early basis. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and dispose of Exts. P3 and P4 appeals, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. Till such time the appeals are disposed of, recovery of the amount of tax in dispute shall not be pursued, if the petitioner had already complied with the conditions stipulated in the order of this court, dated 12.4.2011 and also subject to further condition of the petitioner furnishing Security Bond for the balance amount, within two weeks from the date of receipt of a copy of this judgment.