IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30115 of 2010(L) --------------------------------------- PETITIONER(S): ----------------------- J.J. MARBLES & GRANITES, MUVATTUPUZHA, REPRESENTED BY MANAGING PARTNER, JOSE P.JOSE. BY ADV. SRI.C.A.SADASIVAN, SRI.JOY P.JOSE, SRI.K.N.KRISHNAN NAMBOOTHIRI, SRI.SOJAN MATHEW, SRI.C.V.SASI, SRI.JAYAMOHANAN PILLAI, SRI.EMILY ANDREWS. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY (TAXES), THIRUVANANTHAPURAM-695 001. 2. COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, MUVATTUPUZHA, PIN-686 661. 3. INSPECTING ASST. COMMISSIONER, MUVATTUPUZHA, PIN-686 661. 4. DY. COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-682 015. R1 TO R4 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30115 of 2010 ------------------------------------------- Dated this the 30th day of September, 2010 J U D G M E N T ---------------------- Against Exts.P1 & P2 orders of assessments, the petitioner had preferred statutory appeals as per Exts.P3 & P5, before the 4th respondent. Along with the appeals, stay petitions were also filed as per Exts.P4 & P6. It is submitted that the appeals and stay petitions are pending consideration and disposal before the 4th respondent. Petitioner is approaching this court aggrieved by the coercive steps of recovery initiated pursuant to Ext.P7 notice, without considering pendency of the appeal. 2. Heard, Government Pleader appearing for the respondents. Considering pendency of statutory appeals, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. W.P.(C).30115/10-L -2- 3. The 4th respondent is directed to consider and pass orders on Exts.P4 & P6 stay petitions, 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 4th respondent as directed above, recovery of amounts covered under Exts.P1 & P2, which is now initiated pursuant to Ext.P7 notice shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 4th respondent. C.K.ABDUL REHIM, JUDGE. okb