IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 32248 of 2010(E) --------------------------------- PETITIONER(S): ------------------- P.R.MOHANAN,PROPRIETOR,M/S.ROYAL TRADING CO;KAKKANAD WEST.P.O. BY ADVS. SRI.C.A.SADASIVAN SRI.JOY P.JOSE SRI.SOJAN MATHEW SRI.K.N.KRISHNAN NAMBOOTHIRI SRI.C.V.SASI RESPONDENT(S): -------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY(TAXES),GOVT.SECRETARIATE, THIRUVANANTHAPURAM-695001. 2. COMMERCIAL TAX OFFICER,2ND CIRCLE, KALAMASSERY AT PALARIVATTOM,PIN-683 104. 3. DY.COMMISSIONER(APPEALS), COMMERCIAL TAXES,ERNAKULAM,PIN-682 103. 4. DY.TAHSILDAR(RR),TALUK OFFICE, CHERTHALA,PIN-688 524. R1 TO R4 BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 32248 OF 2010 ------------------------------------ Dated this the 21st day of October, 2010 JUDGMENT Aggrieved by assessment finalised with respect to the year 2008-09, as per Ext.P1 order, the petitioner had preferred statutory appeal before the 3rd respondent as per Ext.P2. Along with the appeal, Ext.P3 petition was filed seeking stay of recovery of the amounts in dispute. Grievance of the petitioner is that without considering pendency of the appeals steps for recovery has now been initiated on issuing Ext.P4 notice under the provisions of Kerala Revenue Recovery Act. 2. Having considered pendency of the statutory appeal, I am of the opinion that the Writ Petition can be disposed of directing the appellate authority to expedite the matter. 3. The 3rd respondent is directed to consider and pass orders on Ext.P3 stay petition after affording an 2 WP(C) No. 32248/2010 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 by the 3rd respondent as directed above, recovery of amounts covered under Ext.P1, which is now initiated pursuant to Ext.P4 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K. ABDUL REHIM JUDGE dnc