P.Sahadevan Sons vs. The Assistant Commissioner-1 - Kerala High Court, 05 April 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941 WP(C).No. 10730 of 2019 PETITIONER/S: P.SAHADEVAN SONS BAKERY AND BUTLERS SHOP. THONDAYAD, BYPASS NELLIKODE P.O., CALICUT 673 016. REPRESENTED BY SUJITH KUMAR PENOTHIL PROPRIETOR. BY ADVS. SRI.P.RAGHUNATH SRI.PREMJIT NAGENDRAN RESPONDENT/S: 1 THE ASSISTANT COMMISSIONER-1 SPECIAL CIRCLE-1, STATE GST DEPARTMENT, KOZHIKODE 673 006. 2 THE DEPUTY COMMISSIONER APPEALS, STATE GST DEPARTMENT, KOZHIKODE 673 006. 3 THE ASSISTANT COMMISSIONER OF STATE TAX, STATE GST DEPARTMENT KOZHIKODE 673 006. OTHER PRESENT: SR. GP. SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-2- W.P.(C). No. 10730 of 2019 JUDGMENT

Heard Sri. P. Raghunathan, the petitioner's counsel and Sri.C.K.Govinda, the learned Government Pleader.

The petitioner prays for a direction to the second respondent to consider and dispose of Ext.P3 stay petition, expeditiously.

Having regard to the circumstances of the case, the writ petition is disposed of directing the second respondent to consider and dispose of Ext.P3 stay petition as expeditiously as possible, preferably within two months from the date of receipt of a copy of this judgment. In the meantime, the recovery proceedings pursuant to the orders under appeal before the second respondent are stayed. S.V.BHATTI JUDGE das

-3- W.P.(C). No. 10730 of 2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF ASSESSMENT ORDER FOR THE YEAR 2013,14 DATED 31.1.2019. EXHIBIT P2 PHOTOCOPY OF THE APPEAL FILED FOR THE YEAR 2013-14 BEFORE THIRD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF THE APPLICATION FOR STAY FILED ALONG WITH EXT. P2. EXHIBIT P4 COPY OF RR NOTICE DATED 30.3.2019.