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. 37518 of 2010(L) -------------------------------------- PETITIONER(S): ----------------------- N.PAZHANISWAMY MURUGANATHA POULTRY FARM, PATHAMNUMBER KALAM, VANNAMADA,PALAKKAD DIST. BY ADVS. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR SRI.K.UMA MAHESWAR RESPONDENT(S): ------------------------- 1. COMMERCIAL TAX OFFICER, CHITTUR, PALAKKAD DISTRICT, PIN 678104. 2. THE DY.COMMISSIONER (APPEALS), THEVARA, ERNAKULAM-682015. 3. THE DY.TAHSILDAR (REVENUE RECOVERY), CHITTUR, PALAKKAD-678104. 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.37518 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.P2. Along with the appeal the petitioner had filed Ext.P3 petition for condonation of delay and Ext.P4 stay petition. It is submitted that the appeal and the accompanying applications are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the statutory appeal, coercive steps of recovery has now been initiated on issuing Ext.P5 notice under the Kerala Revenue Recovery Act, 1968. 2. Considering pendency of the statutory appeal, I am of the view that the writ petition can be disposed of directing the appellate authority to expedite steps for W.P.(C).37518/10-L -2- consideration of the matter. 3. Accordingly the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 delay condonation application, 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 the delay is condoned and the appeal is registered, 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 now initiated pursuant to Ext.P5 notice shall be kept in abeyance. 6. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb