IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9802 of 2011(A) ------------------------------------ PETITIONER(S): ------------------------- M/S. FIRST ORANGE PROPERTIES, FIRST ORANGE VISTA G.F. 3E,KENNADI JUNCTION, EDAPPALLY, KOCHI-682024, REPRESENTED BY ITS MANAGING PARTNER JOSE ALUNKAL. BY ADVS. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENT(S): ------------------------ 1. THE ASST. COMMISSIONER(WORKS CONTRACT) O/O.THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM-682015. 2. THE DEPUTY COMMISSIONER(APPEALS), DEPT. OF COMMERCIAL TAXES, SALES TAX COMPLEX, THEVARA, ERNAKULAM-682015. 3. THE INSPECTING ASST.COMMISSIONER, DEPT. OF COMMERCIAL TAXES, KAKKANAD, ERNAKULAM-682030. BY GOVT. PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.9802 of 2011 ---------------------------------------- Dated this the 28th day of March, 2011. J U D G M E N T Against Exts.P1, P1(a), P1(b) and P1(c) orders of assessment, the petitioner had preferred statutory appeals before the second respondent, as per Exts.P2, P2(a), P2(b) and P2(c). Exts.P3, P3(a), P3(b) and P3(c) are the stay petitions filed along with appeals. It is submitted that the appeals as well as the stay petitions are pending consideration and disposal before the second respondent. Grievance of the petitioner is that without taking note of pendency of the appeals, coercive steps of recovery has now been pursued, on issuing Exts.P4, P4(a), P4(b) and P4(c) notices. 2. Heard ; learned Government Pleader appearing on behalf of respondents. Considering pendency of the statutory appeals and the stay petitions, I am of the view that the writ petition can be disposed of on issuing necessary 2 W.P(C) No.9802 of 2011 directions to the appellate authority. 3. Under the above mentioned circumstances, the writ petition is disposed of directing the second respondent to consider and pass orders on Exts.P3, P3(a), P3(b) and P3 (c) stay petitions 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. 4. Till such time orders are passed by the second respondent as directed above, recovery steps now initiated pursuant to Exts.P4, P4(a), P4(b) and P4(c) notices shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the second respondent. C.K.ABDUL REHIM JUDGE ami/