IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36605 of 2009(U) -------------------------- PETITIONER(S): --------------- SAMUEL VARGHESE, KANDATHILPARAMBIL, MUTTOM.P.O, HARIPAD. BY ADV. SRI.N.MURALEEDHARAN NAIR SMT.K.HYMAVATHY RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER (WC), ALAPPUZHA. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOLLAM. 3. DEPUTY TAHSILDAR (RR), KARTHIKAPPALLY TALUK OFFICE, ALAPPUZHA DISTRICT. BY SRI. C.K. GOVINDAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 36605 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2009 J U D G M E N T Since statutory appeal filed against the assessment order is pending disposal before the second respondent, I am of the opinion that this writ petition can be disposed of on issuing necessary directions to that authority. 2. Against Ext.P1 order of assessment, the petitioner had preferred Ext.P2 appeal accompanied with stay application as well as petition seeking early hearing of the appeal. The second respondent is directed to consider and pass orders on Ext.P3 stay petition, after affording an opportunity to hear the petitioner, as early as possible, at any rate within one month from the date of receipt of a copy of this judgment. 3. Till such time orders are passed as directed above, the respondents shall keep in abeyance realisation of amounts covered under Ext.P1, recovery of which is now initiated as per Exts.P5 and P6 notices. The second respondent shall also take effective steps thereafter for disposal of the appeal at the earliest. ( C.K. ABDUL REHIM, JUDGE) jma