IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36561 of 2010(U) --------------------------------------- PETITIONER: ------------------- M/S.ANCHOR ELECTRICALS (P) LTD., DOOR NO.10/38, H M T ROAD, KALAMASSERY, ERNAKULAM DISTRICT, REPRESENTED BY ITS AUTHORIZED SIGNATORY SUMESH JACOB. BY ADV. SRI.V.P.SUKUMAR. RESPONDENTS: ------------------------ 1. THE INTELLIGENCE OFFICER, SQUAD NO.V, COMMERCIAL TAXES, ERNAKULAM – 682 013. 2. THE DEPUTY COMMISSIONR (APPEALS), COMMERCIAL TAXES, ERNAKULAM – 682 013. 3. THE INSPECTING ASSISTANT COMMISSIONR, COMMERCIAL TAXES, ERNAKULAM-682 013. R1 TO R3 BY GOVT. PLEADER SRI. V.K. SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 36561 of 2010 --------------------------------- Dated this the 8th day of December, 2010 JUDGMENT Aggrieved by Ext.P1 order imposing penalty, the petitioner had preferred statutory appeal before the 2nd respondent as evidenced from Ext.P2. Along with the appeal the petitioner had filed Ext.P3 application seeking stay of collection of the penalty amount, pending disposal of the appeal. It is submitted 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, recovery steps has now been initiated pursuant to Ext.P4 notice for realising amounts due by resorting to provisions of the Kerala Revenue Recovery Act. Hence the petitioner seeks direction to restrain the recovery steps till the disposal of the appeal. 2. Heard, learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeal, I am of the opinion that the writ petition can be disposed of directing the 2nd respondent to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the 2nd WP(C) .36561/2010 2 respondent to consider and pass orders on Ext.P3 stay petition filed along with appeal, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period one month from the date of receipt of a copy of this judgment . 4. Till such time orders are passed by the 2nd respondent, recovery of the amounts covered under Ext.P1, which is now initiated on the basis of Ext.P4 notice, shall be be kept in abeyance. 5. Petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .36561/2010 3