IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 22698 of 2008(B) -------------------------- PETITIONER: ----------------- T.I.HASEEB, ECHANTY TRADERS, THYPURAYIDAM, KANJIRAPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: --------------------- 1. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA. 2. THE DEPUTY COMMISSIONER(APPEALS), COMMERCIAL TAXES, KOLLAM. 3. THE DEPUTY TAHSILDAR(RR), KANJIRAPALLY. 4. THE ASSISTANT COMMISSIONER(AA), COMMERCIAL TAXES, PATHANAMTHITTA. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 22698 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 JUDGMENT Prayers in the writ petition are as follows: “(i) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 2nd respondent to dispose of Ext.P2 appeal expeditiously within a time limit fixed by this court. (ii) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 2nd respondent to dispose of Ext.P3 stay application expeditiously within a time limit fixed by this court. (iii) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 3rd respondent to keep in abeyance all further proceedings pursuant to Ext.P5 notice till the disposal of Ext.P2 appeal. (iv) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the first and fourth respondents to issue a certified copy of the assessment order for the year 2006-2007 expeditiously.” First respondent passed Ext.P1 assessment order for three months of the assessment year 2007-2008, against which petitioner preferred Ext.P2 appeal accompanied by Ext.P3 delay petition. Ext.P5 is the revenue WPC.22698/2008. 2 recovery notice. For the assessment year 2006-2007, the complaint of the petitioner is that the assessment order is not communicated to the petitioner. Petitioner has also filed Ext.P4 stay application. 2. I heard learned Government Pleader also. The writ petition is disposed of as follows: There will be a direction to the second respondent to consider and take a decision on Ext.P3 delay petition and if it is found that the delay can be condoned, a decision will be taken on Ext.P4 within three weeks from the date of receipt of a copy of this judgment. Proceedings against the petitioner pursuant to Ext.P5 will be kept in abeyance for a period of one month from today. As far as the complaint regarding non-serving of the assessment order for the year 2006-2007, it is ordered that the first respondent will serve a copy of the assessment order for the year 2006-2007 within a period of ten days from the date of receipt of a copy of this judgment, if it has not been served already. Petitioner will produce a copy of this judgment before the second respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb