IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 32674 of 2010(H) ---------------------------------------- PETITIONER(S): ------------------------ K.M. GAFOOR, KUNNATHUPEEDIKAYIL, VARAVOOR. P.O, THRISSUR DISTRICT. BY ADV. SRI.C.K.KARUNAKARAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP;BY SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES DEPARTMENT, ERNAKULAM-682 031. 3. COMMERCIAL TAX OFFICER (AA), COMMERCIAL TAXES DEPARTMENT, THRISSUR. 4. DEPUTY TAHSILDAR (RR), TALUK OFFICE, TALAPILLY, THRISSUR DISTRICT. R1 TO R4 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.32674 of 2010-H ---------------------------------------- Dated this the 8th day of November, 2010. J U D G M E N T With respect to assessments completed for the year 2005-06, the petitioner firm had filed statutory appeal, as per Ext.P1, before the second respondent. During pendency of the appeal when revenue recovery steps were initiated the petitioner had approached this Court and in Ext.P2 judgment, the appellate authority was directed to consider the stay petition within a period of three weeks from the date of receipt of a copy of the judgment and till such time recovery steps were stayed. 2. Ext.P3 is the interim order issued by the second respondent granting conditional stay stipulating payment of 1/3rd of the amount. But it is evident that the petitioner has not complied with the condition and recovery steps is being pursued. Limited prayer in this writ petition is only for an early disposal of Ext.P1 appeal, which according to the petitioner was filed as early as in April 2008. W.P(C) No.32674 of 2010-H 2 3. Considering the factual situation prevailing, I am of the view that the writ petition can be disposed of directing the second respondent to expedite the matter. Accordingly, the second respondent is directed to consider and pass orders on Ext.P1 appeal after affording an opportunity of hearing to the petitioner as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.32674 of 2010-H 3