IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37342 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------ P.JAYACHANDRAN, SPAN CONSTRUCTIONS, K.M.COMPLEX, CHERPLACHERRY ROAD, OTTAPPALAM, PALAKKAD DISTRICT. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): ------------------------- 1. THE COMMERCIAL TAX OFFICER (WC), PALAKKAD.PIN- 678 001 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM.-13 3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD.PIN- 678 001 R1 TO R3 BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37342 of 2010 ------------------------------------------- Dated this the 15th day of December, 2010 J U D G M E N T ---------------------- Aggrieved by Ext.P1 and P2 orders of assessments the petitioner had preferred statutory appeals before the 2nd respondent as evidenced from Ext.P3 and P4. Ext.P5 and P6 are the stay petitions filed along with the appeals. It is submitted that the appeals as well as the stay petitions are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the appeals, coercive steps of recovery has now been initiated on the basis of Ext.P7 demand notice issued under the Kerala Revenue Recovery Act, 1968. 2. Considering pendency of the statutory appeals, I am of the view that the writ petition can be disposed of directing the appellate authority to expedite the matter. W.P.(C).37342/10 -2- 3. The 2nd respondent is directed to consider and pass orders on Ext.P5 and P6 stay petitions, 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. 4. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1 and P2, which is now initiated pursuant to Ext.P7 notice shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb