IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 5745 of 2011(P) --------------------------------- PETITIONER(S): ------------------- ASOKAN VASU,AGED 57 YEARS,S/O.VASU, HOTEL ASLIYA GRANDI,NAVAYIKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): -------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,TAXES DEAPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. KERALA SALES TAX APPELATE TRIBUNAL, THIRUVANANTHAPURAM-696001. 3. COMMERCAL TAX OFFICER,COMMERCIAL TAXES, ATTINGAL,PIN-695101. 4. DEPUTY TAHSILDAR(RR),TALUK OFFICE, CHIRAYINKEEZHU,ATTINGAL.P.O,PIN-695101. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 5745 of 2011 --------------------------------- Dated this the 1st day of March, 2011 JUDGMENT Aggrieved by Ext.P1 order issued by the 1st appellate authority, petitioner had preferred further appeal before the 2nd respondent as evidenced from Ext.P7. Ext.P8 is the stay petition filed along with the appeal. It is stated that the appeal as well as the stay petition are pending consideration and disposal before the 2nd respondent Tribunal. Grievance of the petitioner is that, in the meanwhile coercive steps of recovery has been initiated on the basis of Exts.P5 and P6 notices. Hence the petitioner seeks direction to restrain the recovery steps till the disposal of the appeal. 2. Considering the fact that the appellate Tribunal is in seizin of the matter, I am of the view that interest of justice will be served if a direction is issued to the Tribunal to consider and dispose of the matter on an expeditious basis. 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P8 stay WP(C).5745/2011 2 petition, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period six weeks from the date of receipt of a copy of this judgment . Needless to say that, while granting any interim relief the 2nd respondent Tribunal shall take note of various remittances already made. 4. Till such time orders are passed by the 2nd respondent, recovery of the amounts covered under Exts.P5 and P6 to the extent of the liability due to the year 2008-09 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).5745/2011 3