IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37510 of 2010(K) --------------------------------------- PETITIONER(S): ---------------------- SATHEEK.L., AKKAVILA, ERAVIPURAM P.O., KOLLAM 691010. BY ADVS. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR SRI.K.UMA MAHESWAR RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER (WORKS CONTRACT) CIVIL STATION, KOLLAM- 691013. 2. THE DY.COMMISSIONER (APPEALS), KOLLAM 691009. 3. THE INSPECTING ASST.COMMISSIONER, COMMERCIAL TAXES, KOLLAM- 691013. R1 TO R3 BY GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37510 of 2010 ------------------------------------------- Dated this the 20th day of December, 2010 J U D G M E N T ---------------------- Aggrieved by Ext.P1 order of assessment the petitioner had preferred statutory appeal before the 2nd respondent as evidenced from Ext.P3. The appeal was filed along with Ext.P3 petition seeking condonation of delay. Along with appeal the petitioner had also filed Ext.P4 and P5 petitions seeking stay and early hearing, respectively. According to the petitioner, the appeal as well as the accompanying applications are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the appeal recovery steps has now been initiated on the basis of Ext.P6 notice issued under the provisions of the Kerala Revenue Recovery Act, 1968. Hence the petitioner seeks interference of this court to restrain the recovery steps till the disposal of the appeal. 2. Considering pendency of the statutory appeal I W.P.(C).37510/10-K -2- am of the view that the writ petition can be disposed of directing the appellate authority to take expeditious steps for consideration of the matter. 3. In the result the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 application filed seeking condonation of delay, 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. If delay is condoned and appeal is registered on files, then the 2nd respondent shall consider and pass orders on Ext.P4 stay petition, simultaneously. 5. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1 which is initiated on the basis of Ext.P6 notice shall be kept in abeyance. 6. Petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb