IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23506 of 2010(K) -------------------------- PETITIONER(S): --------------- P.P.ABDUL FAFOOR, S/O.LATE HASSAN KOYA, AGED 42 YEARS, RESIDING AT HASSANS HOUSE, PUNATHILPARAMBA, KUTTIYILTHAZHAM.P.O., GURUVAYOORAPPAN COLLEGE, KOZHIKODE-673014. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE. 3. THE TAHASILDAR (RR), OFFICE OF THE TAHASILDAR (RR) KOZHIKODE. 4. THE VILLAGE OFFICER, VALAYAND VILLAGE OFFICE, KOZHIKODE. 5. THE DEPUTY COMMISSIONER(APPEALS) COMMERCIAL TAXES, SALES TAX COMPLEX, JAWAHAR NAGAR, KOZHIKODE. 6. INTELLIGENCE OFFICER (1-B) OFFICE OF THE DEPUTY COMMISSIONER(INT) COMMERCIAL TAXES, SALES TAX COMPLEX, KOZHIKODE. BY SR.GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.23506 of 2010-K ---------------------------- Dated this the 28th day of July, 2010. J U D G M E N T Being aggrieved of the order imposing penalty, the petitioner has filed Exts.P2 and P3 appeals along with Exts.P4 and P5 petitions for stay, which are pending consideration before the fifth respondent. The petitioner is constrained to approach this Court because of the coercive proceedings taken in the meanwhile, which are sought to be intercepted in this Writ Petition. 2. The learned Government Pleader appearing for the respondents submits that Exts.P2 and P3 appeals are belated. The impugned orders were passed as early as on 4.11.2008, while the appeals were filed only on 23.5.2009, as revealed from Exts.P2 and P3. 3. The learned counsel for the petitioner submits that, the petitioner has also filed necessary petitions to condone the delay in filing the appeals and that it is an omission on the part of the petitioner to have produced copies along with the Writ Petition. W.P(C) No.23506 of 2010-K 2 4. After hearing both the sides, this Court finds it fit and proper to direct the fifth respondent to consider and pass appropriate orders on the interlocutory applications. Accordingly, the fifth respondent is directed to consider and pass appropriate orders on Exts.P4 and P5 petitions for stay and also the interlocutory applications, stated as preferred by the petitioner to condone the delay in filing Exts.P2 and P3 appeals, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that, till such orders are passed on the interlocutory applications, all further recovery proceedings shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab