IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25464 of 2009(C) -------------------------- PETITIONER(S): --------------- P.V.BHASKARAN, S/O.LATE KANNAN AACHARI AGED 59 YEARS, BUSINESSMAN, 'ARCHANA', KACHERIPARA, AZHIKKODE SOUTH VILLAGE, KANNUR-9. BY ADV. SRI.T.P.PANKAJAKSHAN RESPONDENT(S): --------------- 1. SPECIAL GRADE SECRETARY, AZHIKODE GRAMA PANCHAYATH, AZHIKODE, KANNUR-670 009. 2. TAHASILDAR, TALUK OFFICE, KANNUR. 3. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, GUNDERT ROAD, THALASSERY. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.25464 OF 2009 ------------------------------ Dated this the 9th day of September, 2009 J U D G M E N T ---------------------- 1. Against Ext.P1 order of assessment issued under the provisions of the Kerala Buildings Tax Act, 1975 the petitioner had submitted Ext.P2 appeal before the 3rd respondent, along with an application for condonation of delay and a petition seeking stay against the realisation of the amounts covered under the assessment till the disposal of the appeal. Complaint of the petitioner is that eventhough the appeal and the accompanying petition were filed as early as on 11.6.2008, the 3rd respondent has not so far considered the appeal or accompanying applications. It is apprehended that coercive steps are being initiated against the petitioner pursuant to issuance of notice under the provisions of the Revenue Recovery Act for realisation of the amount covered under the impugned assessment. 2. Under the above circumstances the writ petition is disposed of directing the 3rd respondent to consider and dispose of the application for condonation of delay filed along with the appeal and if the delay is condoned to consider and dispose of W.P.(C).25464/09-C 2 the application for interim stay, as early as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. The respondents are directed to keep in abeyance all further proceedings for recovery of the amount covered under the impugned order of assessment (Ext.P1) till the 3rd respondent passes orders on the delay condonation application and the stay petition as directed above. The petitioner will produce copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM, JUDGE. okb