IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31235 of 2010(D) ----------------------------------- PETITIONER(S): ----------------------- ABDUL RASHEED, PROPRIETOR, HAFCO CERAMICS, AREACODE ROAD, PULLUR, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): ------------------------- 1. INTELLIGENCE OFFICER, SQUAD NO.I, DEPARTMENT OF COMMERCIAL TAXES, MALAPPURAM. 2. DEPUTY COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASST.COMMISSIONER DEPARTMENT OF COMMERCIAL TAXES, MALAPPURAM AT MANJERI. BY GOVT. PLEADER SRI.V.K.SHAMSUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 31235 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 12th day of October, 2010 JUDGMENT Aggrieved by Ex.P1 order imposing penalty, the petitioner had preferred statutory appeal before the 2nd respondent, as per Ext.P2. Ext.P4 is the stay petition filed along with the appeal. Ext.P3 petition for early hearing of the appeal was also filed. Grievance of the petitioner is that without considering pendency of the appeal and the accompanying petitions, step for recovery of the amounts has now been initiated pursuant to Ext.P5 and P6 notices. 2. Having considered the fact that statutory appeal is pending disposal before the authority, I am of the opinion that this writ petition can be disposed of directing the appellate authority to expedite the matter. 3. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 stay petition, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate W.P.(C) No. 4325/2010 2 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, which is now initiated under Ext.P5 and P6, be kept in abeyance. The petitioner will produce a copy of this judgment before the appellate authority. C. K. ABDUL REHIM, JUDGE. mn.