High CourtsSingle Bench

M/s Hotel Indraprastha vs Assistant Commissioner, Special Circle, State Gst Department, Kottayam, Pin 686001

High Court Of Kerala · Decided on 16 June 2023 · Citation: (2023) 06 KL CK 0237

HON’BLE JUDGES
C. S. Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 19483 Of 2023
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Judgment

8 paragraphs · 245 words

C.S.Dias, J.

1.

The writ petition is filed to direct the second respondent to consider and dispose of Ext.P2 appeal and Ext.P3 stay petition expeditiously and until such time to defer further proceedings pursuant to Ext.P1 order.

2.

The petitioner's case is that, aggrieved by Ext.P1 order, they have preferred Ext.P2 appeal and Ext.P3 stay petition on 1.9.2022 before the second respondent. However, Ext.P3 stay petition has not been considered till date. The respondents are threatening to enforce Ext.P1 order. Hence, the writ petition.

3.

Heard; Sri. Harisankar Menon, the learned counsel appearing for the petitioner and Smt.Thushara James, the learned Senior Government Pleader appearing for the respondents.

4.

Having considered the pleadings and materials on record and taking note of the fact that Ext.P3 stay petition is pending consideration before the second respondent since 1.9.2022, I deem it appropriate to dispose of the original petition as follows:

(i) The second respondent is directed to consider and dispose of the Ext.P3 stay petition, in accordance with law and as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of the judgment, after affording the petitioner an opportunity of being heard.

(ii) Needless to mention, if the second respondent proposes to pass any conditional order of stay, he shall state reasons for the same.

(iii) Until such time orders are passed on Ext.P3 stay petition, all further proceedings pursuant to Ext.P1 shall stand deferred.