High CourtsSingle Bench

M/s Hotel Ramada vs Deputy Commissioner

High Court Of Kerala · Decided on 12 December 2023 · Citation: (2023) 12 KL CK 0094

HON’BLE JUDGES
C.S.Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 40801 Of 2023
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Judgment

8 paragraphs · 265 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 stay further proceedings pursuant to Ext P1 assessment order.

2.

The petitioner’s case is that, aggrieved by Ext P1 assessment order, the petitioner has preferred Ext. P2 appeal before the second respondent. Along with Ext.P2 appeal, they have also preferred Ext P3 stay petition. The petitioner is apprehensive that during the pendency of Exts.P2 and P3, the respondents may enforce Ext.P1 assessment order. Hence, the writ petition.

3.

Heard; Sri.P.N.Damodaran Namboodiri, the learned counsel appearing for the petitioner and Smt.Jasmine M.M., the learned 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, I deem it appropriate to dispose of the writ petition in the following manner:

(i) The second respondent is directed to consider and dispose of 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 this judgment, after affording the petitioner an opportunity of being heard.

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

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