The Kerala High Court directed the Additional Chief Secretary (Taxes) to decide appeal filed by Muthoot Pappachan Chits.
The limited plea of the petitioner is that the 1st respondent,The Additional Chief Secretary (Taxes) be directed to take up and dispose of the Statutory Appeal preferred by them, within a time frame to be fixed by the Court.
The Government Pleader, Vidya Kuriakose, submitted that, if the petitioner only requires the statutory appeal to be taken up and disposed of by the 1st respondent, there does not appear to be any legal impediment in doing so; however, praying that the Court may not make any affirmative declarations in their favour in this judgment and leave it to the said Authority to take an apposite decision, as per law.
A Single Bench of Justice Devan Ramachandran observed that “In the afore circumstances, I order this writ petition and direct the 1st respondent, to take upAppeal of the petitioner anddispose it of, after affording them, as also every other interested person, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.”
“I make it clear that this Court has not entered into the merits of any of the contentions of the petitioner; and they are all left open to be decided appropriately by the 1st respondent during the afore exercise” the Court concluded.
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