IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35403 of 2010(A) -------------------------- PETITIONER: ------------------ M/S.K.S.F.LTD., IRINJALAKUDA, THRISSUR DISTRICT, REPRESENTED BY ITS COMPANY SECRETARY-CUM-GENERAL MANAGER (FINANCE) R.SANKARANARAYANAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENTS: --------------------- 1. ASST.COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE, THRISSUR PIN 680001. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM PIN-682003. BY GOVERNMENT PLEADER, SRI.SHAMSUDIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.35403 of 2010-A ---------------------------------------- Dated this the 30th day of November, 2010. J U D G M E N T Aggrieved by Ext.P2 order of assessment, the petitioner had preferred Ext.P3 appeal before the 2nd respondent. Ext.P4 is the stay petition filed along with the appeal. It is stated that appeal as well as the stay petition are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the appeal, coercive steps of recovery has now been initiated. 2. Considering pendency of the appeal, I am of the view that the writ petition can be disposed of directing that authority to expedite the matter. 3. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 stay petition, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within one month from the date of receipt of a copy of this W.P(C) No.35403 of 2010-A 2 judgment. 4. Till such time orders are passed on the stay petition as directed above, recovery of amounts covered under Ext.P2 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM JUDGE ab