The petitioner has approached this Court with the following prayers :
(i) call for the records relating to Exhibits P1 to P6
(ii) issue a writ of certiorari or any other appropriate writ or order to quash Exts. P5 and P6 orders.
(iii) stay all further proceedings in pursuance of Exhibits P5 and P6 and recovery notices.
(iv) Issue a writ of mandamus or any other appropriate writ directing the respondents to credit the amount remitted by the petitioner.
(v) pass any other order as this Honourable Court deems fit and just and allow this writ petition (civil) with costs.
2. When the matter came up for consideration on 29.10.2014, the following interim order was passed :
“Learned counsel for the petitioner submits that the appellate authority has imposed a condition to satisfy 30 % of the disputed liability to have the benefit of interim stay, while a sum of Rs. 20 lakhs belonging to W.P.(C) No. 27387 of 2014 : 2 :
the petitioner is still lying of the hands of the respondents, as projected in Ext. P4. Govt. Pleader is required to get instructing in this aspect.
List the matter for further consideration on 30.10.2014”
3. The learned counsel for the petitioner submits that because of some communication gap, there occurred an inadvertent mistake with regard to the facts incorporated. However, this Court does not go into such aspects and the only question is with regard to sustainability of the condition imposed while granting Ext. P6 interim stay during pendency of appeal, directing the petitioner to satisfy 30 % of the disputed liability.
4. Heard the learned Government Pleader as well.
5. After going through the materials on record and after hearing both the sides, this Court finds that Ext. P6 order cannot be termed as an arbitrary or illegal in any manner. The order has to be read as a whole and the same has to be considered in the light of assessment order. In the said circumstances, this Court does not find it necessary to interfere with the order as aforesaid. However, considering the persuasive submission made by the learned counsel for the petitioner, that time to satisfy the condition W.P.(C) No. 27387 of 2014 : 3 :
vide Ext. P6 is already order, the petitioner is granted a further period of two weeks to comply with the direction.
The petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.
The writ petition is disposed of.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)