IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1183 of 2010(W) ------------------------- PETITIONER(S): --------------- P.V.BASHEER LIBERTY DISTRIBUTORS, P.B.NO.105, A.V.K.NAIR ROAD, THALASSERY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM. 3. THALASSERY MUNICIPALITY REP BY ITS SECRETARY, THALASSERY. 4. THE STANDING COMMITTEE THALASSERY MUNICIPALITY REP BY ITS CHAIRMAN THALASSERY. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1183 of 2010 (W) --------------------------------- Dated, this the 20th day of January, 2010 J U D G M E N T The petitioner is the proprietor of a theatre complex at Thalassery. By Ext.P8, he was called upon to make payment towards entertainment tax. Aggrieved by this demand, he filed Ext.P10 appeal before the 4th respondent. Along with Ext.P10, he has also filed Ext.P10(A) stay petition seeking stay of recovery pursuant to Ext.P8. According to the petitioner, orders have not been passed either on the appeal or the stay petition, and that in the meanwhile, he has been issued Ext.P12 notice requiring payment of the amount due under Ext.P8. It is thereupon that this writ petition has been filed. 2. If as stated by the petitioner, he has filed Ext.P10 appeal along with Ext.P10(A) stay petition, the appellate authority has the duty to expeditiously consider, if not the appeal, at least the stay petition. Having regard to the case of the petitioner that orders have not been passed either on the appeal or the stay petition, the WP(C) No.1183/2010 -2- demand made by Ext.P12 is premature. 3. Therefore, this writ petition is disposed of with the following directions. 4. That the 4th respondent shall dispose of Ext.P10 appeal as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. In the event it is not possible to dispose of the appeal within four weeks as specified above, the 4th respondent shall positively consider Ext.P10(A) stay petition filed by the petitioner, within four weeks. It is directed that until orders are passed either on the appeal or the stay petition, whichever is earlier, recovery pursuant to Ext.P12 will be kept in abeyance. The petitioner shall produce a copy of this judgment before respondents 3 & 4 forthwith for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg