Muhammed vs Deputy Tahsildar (Rr)
2024 Latest Caselaw 10131 Ker

Kerala High Court

Muhammed vs Deputy Tahsildar (Rr) on 5 April, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                 THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
           Friday, the 5th day of April 2024 / 16th Chaithra, 1946
                              WA NO. 482 OF 2024
 (ARISING FROM JUDGMENT DATED 14.02.2024 IN WP(C) 20363/2022 OF THIS COURT)
APPELLANT(S)/PETITIONERS:

  1. MUHAMMED, AGED 62 YEARS, VEETILAYIL HOUSE, PUNNAYOORKULAM DESOM,
     PUNNAYOORKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR
     DISTRICT,PIN-679561.
  2. VALSAN PANICKER, AGED 57 YEARS, S/O. JANARDHANA PANICKER, MALANA
     HOUSE, AYIROOR DESOM, PONNANI TALUK, MALAPPURAM DISTRICT - 679 580,
     PRESENTLY RESIDING AT ASHRAMAM NAGAR, CHAMUNDESWARY ROAD, GURUVAYOOR
     VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT,PIN-680101.

BY.ADV.SRI.P.K.SAJEEV

RESPONDENT(S)/RESPONDENTS:

  1. DEPUTY TAHSILDAR (RR), HEAD QUARTERS, TALUK OFFICE, CHAVAKKAD, PIN -
     680506
  2. COMMERCIAL TAX OFFICER (LUXURY TAX), STATE GOODS AND SERVICES TAX
     DEPARTMENT, KERALA, COMMERCIAL TAX COMPLEX, AYYANTHOLE,
     THRISSUR-3,REPRESENTED BY DEPUTY COMMISSIONER.,PIN-680003.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further recovery proceedings pursuant to Exhibits-P1 to P5
revenue recovery notices issued by the 1st respondent in W.P(C)No.20363 of
2022 of this honourable court


     This Writ Appeal coming on for orders on 05.04.2024,upon perusing
the appeal memorandum, the court passed the following:
                    DR. A.K.JAYASANKARAN NAMBIAR
                                                  &
                              SYAM KUMAR V.M, JJ.
                    ---------------------------------------------------------
                                W.A. No.482 of 2024
                    ---------------------------------------------------------
                      Dated this the 5th day of April, 2024


                                          ORDER

Dr. A.K.Jayasankaran Nambiar, J.

Admit. The learned Government Pleader takes notice for the

respondents.

In view of the decision reported in Jose Kurian and others v.

Deputy Tahsildar (RR) Ekm. and others [2011 (4) KHC 879], there will

be an interim stay of further proceedings pursuant to Exts.P1 to P5

revenue recovery notices issued by the 1 st respondent, pending disposal of

the writ appeal.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE

smm