IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 26950 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ CAVUNAL RUBBER ESTATE (P) LTD., SUIT NO.1, 30/663, 2ND FLOOR, ADOOR TOWERS, ADOOR, REP. BY ITS DIRECTOR MR. JOSE THOMAS. BY ADV. SRI.RAMESH CHERIAN JOHN RESPONDENT(S): -------------------------- 1. THE AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER, KANJIRAPPILLY. 2. THE DEPUTY TAHSILDAR (HEAD QUARTERS), RANNI. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. R1 TO R3 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.26950 of 2010 -------------------------------------- Dated this the 30th day of August, 2010 J U D G M E N T ---------------------- It is submitted that the petitioner company has filed appeals evidenced by Exts.P10 to P15 against Exts.P6 to P9 assessment orders, before the 3rd respondent. It is further submitted that along with the appeals the petitioner had also filed applications seeking stay of collection of the tax in dispute, as per Exts.P16 to P20. According to learned counsel for the petitioner, the 3rd respondent has not so far considered the appeals or the stay applications. Grievance is that coercive steps of recovery is now being pursued. Hence the petitioner seeks stay of the recovery steps till the disposal of the appeals. 2. Heard, learned Government Pleader. Having considered facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of W.P.(C).26950/10 -2- issuing necessary directions to the appellate authority. 3. The 3rd respondent is directed to consider and pass orders on Exts.P6 to P20 stay applications 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. Recovery of amounts covered under Exts.P6 to P9 orders of assessment shall be kept in abeyance till orders are passed on the stay petitions in compliance with the above direction. The petitioner shall produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM, JUDGE. okb