IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 3724 of 2011(M) -------------------------------------- PETITIONER(S): ----------------------- P.HAMZA, AGED 41 YEARS,S/O.MUHAMMED HAJI, PALLATH HOUSE,P.H.TIMBER INDUSTRIES, THAZHEKKODE, PALAKKAD DISTRICT. BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): ------------------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAX OFFICE, THEVARA, PIN- 682 013, ERNAKULAM. 2. THE COMMERCIAL TAX OFFICER-1, MANNARKAD, PALAKKAD.PIN- 678 001 3. THE TASHILDAR (RR), MANNARKAD TALUK, MANNARKAD.PIN- 678 582. 4. THE VILLAGE OFFICER, MANNARKAD-1 VILLAGE.PIN- 678 582. R1 TO R4 BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 3724 of 2011 --------------------------------- Dated this the 7th day of February, 2011 JUDGMENT Against Exts.P1 to P6 orders of assessment, the petitioner had filed appeals before the 1st respondent, as evidenced from Exts.P9 to P14. Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P15 to P20. It is submitted that the appeal as well as the stay petitions are pending consideration and disposal before the 1st respondent. Grievance of the petitioner is that, without considering pendency of the appeal, coercive steps of recovery has now been initiated, on the basis of Exts.P21 and P22 notices. 2. Heard, learned Government Pleader appearing on behalf of the respondents. 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. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Exts.P15 to P20 WP(C) .3724/2011 2 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 1st respondent as directed above, recovery of the amounts covered under Exts.P1 to P6, which is now initiated on the basis of Exts.P21 and P22 notices, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 1st respondent. 6. Needless to say that the 1st respondent will take all earnest steps for disposal of the appeals at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .3724/2011 3