IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8773 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- SHEENA VIJU, S.K.CHICKEN TRADERS, MANJUMMAL, ERNAKULAM DISTRICT. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM), SRI.K.S. HARIHARAN, SRI.K. UMAMAHESWAR. RESPONDENT(S): ------------------------- 1. COMMERCIAL TAX OFFICER, N. PARAVUR, ERNAKULAM DISTRICT, PIN-683 513. 2. THE DY. COMMISSIONER (APPEALS), COMMERCIAL TAXES, THEVARA, ERNAKULAM-682 015. 3. THE DY. TAHSILDAR (R.R.), TALUK OFFICE, KANAYANNUR, ERNAKULAM DISTRICT, PIN-682 011. R1 TO R3 BY GOVT. PLEADER MR.V.K. SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 8773 of 2011 --------------------------------- Dated this the 21st day of March, 2011 JUDGMENT Aggrieved by Ext.P1(a) and P2(a) orders of assessments which were modified through Exts.P1(b) and P2(b), the petitioner had preferred Exts.P3(a) and P3(b) appeals before the 2nd respondent. Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P4(a) and P4(b). 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 Exts.P5 notice. 2. Heard; learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeals, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. WP(C).8773/2011 2 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P4(a) and P4 (b) stay petitions filed along with the appeals, 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 the amounts covered under Exts.P1 (b) and P2(b) , which is now initiated on the basis of Ext.P5 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. 6. Needless to say that the 2nd respondent will take all earnest steps for disposal of the appeals at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).8773/2011 3