IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 9016 of 2007(W) ------------------------- PETITIONER(S): --------------- ANIL TOLASARIA, S/O.LATE BABULAL TOLASARIA, AGED 49 YEARS, RESIDING AT 594, BLOCK - O, ALIPUR, CALCUTTA - 53 AND PARTNER TOLASARIA BROTHERS, JEW TOWN, COCHIN - 2. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------- 1. SPECIAL TAHSILDAR (RR), COCHIN. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 3. ASST.COMMISSIONER, SPECIAL CRICLE, COMMERCIAL TAX OFFICE, ERNAKULAM. 4. MANAGER, INDIAN OVERSEAS BANK, MATTANCHERRY. ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R4 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ASSESSMENT ORDER DT 14.1.02 FOR 97-98 P2 COPY OF ASSESSMENT ORDER DT 14.1.02 FOR 98-99 P3 COPY OF ASSESSMENT ORDER DT 14.1.02 FOR 99-00. P4 COPY OF APPEAL BEFORE DEPUTY COMMISSIONER (APPEALS) FOR 97- 98. P5 COPY OF APPEAL BEFORE DEPUTY COMMISSIONER (APPEALS) FOR 98- 99. P6 COPY OF APPEAL BEFORE DEPUTY COMMISSIONER (APPEALS) FOR 99- 00. P7 COPY OF ORDER DT 26.8.02. P8 COPY OF NOTICE DT 9.2.07. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 9016 OF 2007 W ```````````````````````````````````````````````````` Dated this the 4th day of November, 2008 J U D G M E N T Ext.P7 is the appellate order. Pursuant to the appellate order, according to the petitioner, the petitioner is entitled to certain reliefs. In the meantime, it is stated that without redoing the assessment, recovery steps are taken against the petitioner which driven the petitioner to this court. 2. I heard learned counsel for the petitioner and learned Government Pleader. Learned counsel for petitioner submits that the petitioner is prepared to pay the entire amount due in terms of Ext.P7. In such circumstances, writ petition is disposed of as follows. The petitioner or his representative will appear before the 3rd respondent at 11 a.m. on 14.11.2008 and the 3rd respondent will proceed to pass an order in terms of Ext.P7 order within two weeks from 14.11.2008. It is for the petitioner to co-operate with the 3rd respondent. Proceedings WPC.9016/07 : 2 : against the petitioner shall be kept in abeyance for one month in order to enable the petitioner to pay off the amounts raised on the basis of the order to be passed by the 3rd respondent. (K.M.JOSEPH, JUDGE) aks