IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27626 of 2010(C) ------------------------- PETITIONER: ------------------ M/S. DELTA COMMUNICATIONS, ADAM TOWER, STAR JUNCTION, KOTTAYAM-1, REPRESENTED BY ITS MANAGING PARTNER SRI. H. ABDUL JALEEL. BY ADVS. SRI.SUNIL V. MOHAMMED SRI.P.M.MOHAMMED HASSAN SRI.V.PRASANTH SMT.P.KULUSU RESPONDENTS: ---------------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-682015. 2. THE COMMERCIAL TAXES OFFICER, (WORKS CONTRACT), OFFICE OF THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOTTAYAM. R1 & R2 BY GOVT. PLEADER SRI. V.K. SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K. ABDUL REHIM, J ------------------------------------ WP(C) NO. 27626 OF 2010 -------------------------------------------- Dated this the 6th day of September, 2010 JUDGMENT Against Ext.P2 order of assessment, the petitioner had filed statutory appeal before the first respondent as evidenced from Ext.P3. Along with the appeal, the petitioner had filed application for stay, as per Ext.P4. It is submitted that the appeal as well as the stay petition are pending consideration and disposal before the first respondent. Grievance of the petitioner is that coercive steps of recovery is now being pursued without considering pendency of the appeal, for realising amounts covered under Ext.P2. Hence the petitioner is seeking direction for an early disposal of the appeal and to keep in abeyance recovery steps till then. 2. Heard learned Government Pleader for the respondents. In view of the facts and circumstances, I am inclined to dispose of the Writ Petition on issuing necessary directions to the statutory appellate authority. 3. The first respondent is directed to consider and pass orders on Ext.P4 stay petition filed along with Ext.P3 appeal, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within one month from the date of receipt of a copy of this judgment. 4. Till such time orders are passed as directed above, recovery 2 WP(C) No. 27626/2010 of amounts covered under Ext.P2 assessment shall be kept in abeyance. Petitioner shall produce a copy of this judgment before the first respondent. C.K. ABDUL REHIM JUDGE dnc 3 WP(C) No. 27626/2010