IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16556 of 2011(T) --------------------------------- PETITIONER(S): ------------------- AJAY JOSEPH,CONTRACTOR,KINATTINGAL HOUSE, HMT COLONY, KALAMASSERY, COCHIN. BY ADV. SRI.R.MURALIDHARAN (AROOR) RESPONDENT(S): --------------------- 1. THE ASSISTANT COMMISSIONER(WC), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM 682 015. 2. THE INTELLIGENCE OFFICER(IB) O/O.THE DEPUTY COMMISSIONER(INT), DEPARTMENT OF COMMERCIAL TAXES,ERNAKULAM AT EDAPPALLY 682 024. 3. THE DEPUTY COMMISSIONER(APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM 682 015. 4. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES,ERNAKULAM 682 015. BY GOVT.PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16556/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT, FOR THE YEAR 2008-09 DATED 10/03/2011. P2: COPY OF THE APPEAL FILED BY THE PETIITONER BEFORE THE 3RD RESPONDENT AGAINST EXT.P1 ORDER DATED 10/06/2011. P3: COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED BEFORE 3RD RESPONDENT DATED 10/06/2011 WITH EXT.P2. P4: COPY OF THE DEMAND NOTICE ISSUED UNDER RR ACT. DATED 08/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 16556 of 2011 --------------------------------- Dated this the 21st day of June, 2011 JUDGMENT Against Ext.P1 order of assessment, the petitioner had filed appeal before the 3rd respondent, as evidenced from Ext.P2. Along with the appeal the petitioner had filed stay petition as evidenced from Ext.P3. It is submitted that the appeal as well as the stay petition are pending consideration and disposal before the 3rd respondent. Grievance of the petitioner is that, without considering pendency of the appeal, recovery steps has now been initiated, on the basis of Ext.P4 notice issued. 2. Heard; learned Government Pleader appearing on behalf of the respondents. It is submitted that there may be delay in filing the appeal. Considering pendency of the statutory appeal, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Ext.P3 stay petition, if the appeal is already registered and the same is in WP(C).16556/2011 2 order, 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. Till such time orders are passed by the 3rd respondent as directed above, recovery of amounts covered under Ext.P1, which is now initiated on the basis of Ext.P4 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).16556/2011 3