IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 11113 of 2011(L) -------------------------- PETITIONER(S): --------------- M/S. DLF HOME DEVELOPERS LTD., PDR BHAVAN, FORESHORE ROAD, ERNAKULAM, KOCHI-682016, REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. ASOKA KUMARAN NAIR.T.R., SENIOR MANAGER. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU SRI.SHINE MATHEWS(VADAKKEKARA) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, COMMERCIAL TAXES, GOVT. OF KERALA, TRIVANDRUM-695001. 2. COMMISSIONER OF COMMERCIAL TAXES, DEPARTMENT OF COMMERCIAL TAXES, TRIVANDRUM-695001. 3. ASSISTANT COMMISSIONER (WORKS CONTRACT) O/O THE DEPUTY COMMISSIONER(WORKS CONTRACT) DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM-682018. 4. DEPUTY COMMISSIONER(APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM-682018. BY GOVT. PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.11113 of 2011-L ---------------------------------------- Dated this the 6th day of April, 2011. J U D G M E N T Aggrieved by Ext.P4 order of assessment the petitioner had preferred statutory appeal before the 4th respondent, as evidenced from Ext.P5. Along with the appeal the petitioner had filed application seeking stay as well as a petition for early hearing of the matter. Grievance of the petitioner is that without considering pendency of the appeal and the accompanying applications, recovery steps are now being pursued for realising amounts covered under Ext.P4. Under such circumstances the petitioner seeks a direction for an early disposal of the matter and till then to stay the recovery steps. 2. Considering pendency of the statutory appeal and the stay petition before the 4th respondent, I am of the view that the writ petition can be disposed of directing that authority to consider the matter on an early basis. W.P(C) No.11113 of 2011-L 2 3. Accordingly, the writ petition is disposed of directing the 4th respondent to consider and pass orders on the stay petition filed along with the appeal, 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 4th respondent as directed above, the recovery steps initiated pursuant to Ext.P4 order shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 4th respondent. C.K.ABDUL REHIM JUDGE ab