IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34713 of 2009(H) -------------------------- PETITIONER(S): --------------- T.K.KOMU HAJI PROPRIETOR, T.K.SUPARI, OLAMATHIL PO PULPETTA, MALAPPURAM (DT) BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT COMMERCIAL TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE COMMERCIAL TAX OFFICER DEPARTMENT OF COMMERCIAL TAXES MANJERI (PO) MALAPPURAM (DT) 4. THE DEPUTY COMMERCIAL TAX OFFICER OFFICE OF THE REGIONAL VIGILENCE AND ENFORCEMENT OFFICER, ANANTAPUR (PO) ANDRAPRADESH STATE. 5. THE REGIONAL VIGILANCE AND ENFORCMENT OFFICER, ANANTAPUR PO, ANDHRAPRADESH STATE. GOVERNMENT PLEADER SRI.V.K. SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.34713 OF 2009 ------------------------------ Dated this the 2nd day of December, 2009 J U D G M E N T ---------------------- 1. Aggrieved by Ext.P5 order of assessment pertaining to the month of February 2009, the petitioner had preferred statutory appeal before the 2nd respondent as evidenced from Ext.P6. Along with the appeal, the petitioner had preferred an application for stay as evidenced by Ext.P8. The petitioner had also filed petition seeking early hearing of the appeal as per Ext.P7. It is submitted that the appeal as well as the accompanying applications are pending consideration and disposal before the statutory appellate authority. Therefore I am of the opinion that the writ petition can be disposed of directing that authority to consider and pass orders thereon. 2. The 2nd respondent is directed to consider and pass orders on Ext.P8 stay petition, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 3. The respondents are restrained from proceeding with any steps for recovery of the amount covered under Ext.P5, till W.P.(C).34713/09-H 2 the 2nd respondent passes orders as directed above. The 2nd respondent shall also take steps to dispose of the appeal at the earliest, thereafter. C.K.ABDUL REHIM, JUDGE. okb