IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32387 of 2010(W) -------------------------- PETITIONER : -------------------- M/S. MARINE CHEMICALS, DEEPA BUILDING, SANTO GOPALAN ROAD, CHULLIKKAL, KOCHI-5, REPRESENTED BY ITS MANAGING PARTNER JOSE KURIAN. BY ADVS. SRI.V.P.SUKUMAR SRI.JAIRAM.V.MENON RESPONDENT(S): ------------------------- 1. THE SALES TAX OFFICER, 1ST CIRCLE, MATTANCHERRY. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, MATTANCHERRY. R1 TO R3 BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 32387 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of October, 2010 JUDGMENT Aggrieved by Exs.P1 and P2 orders of assessment, the petitioner filed statutory appeals before the 2nd respondent, as evidenced from Ext.P3 and P4. Exts.P5 and P6 are the stay petitions filed along with the appeals. Grievance of the petitioner is that, without considering pendency of the appeal, steps for recovery has now been pursued, on issuing Ext.P7 notice under the Revenue Recovery Act. 2. 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. 3. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P5 and P6 stay petitions, after affording an opportunity of hearing to the petitioner, as early as W.P.(C) No. 32387/2010 2 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, realization of amounts covered under Ext.P1 and P2, which is now sought to be recovered through Ext.P7, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the appellate authority. C. K. ABDUL REHIM, JUDGE. mn.