IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27744 of 2011(P) -------------------- PETITIONER : --------------------- ALLIANCE HABITAT & REAL ESTATE (P) LTD., VYTTILA, KOCHI, (REPRESENTED BY JITTO JOSEPH, DIRECTOR). BY ADVS. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN SRI.N.R.SAJ RESPONDENT(S): -------------------------- 1. ASSISTANT COMMISSIONER (WC & LT), COMMERCIAL TAXES, ERNAKULAM - 682 015. 2. DEPUTY TAHSILDAR (RR), ERNAKULAM - 682 015. 3. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAX DEPARTMENT, ERNAKULAM - 682 015. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R4 BY GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27744 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF THE JUDGMENT OF THE DB OF THIS HON'BLE COURT IN OTA 6/2010 DATED 7.2.2011. EXHIBIT P2- TRUE COPY OF THE ASSESSMENT ORDER DATED 11.12.2009 FOR THE 2ND QUARTER ENDED 30.9.2009 ISSUED TO PETITIONER BY THE IST RESPONDENT. EXHIBIT P3- TRUE COPY OF THE ASSESSMENT ORDER DATED 30.4.2010 FOR THE 3RD QUARTER ENDED 31.12.2009 ISSUED TO PETITIONER BY THE IST RESPONDENT. EXHIBIT P4- TRUE COPY OF THE ASSESSMENT ORDER DATED 18.6.2010 FOR THE 4TH QUARTER ENDED 31.3.2010 ISSUED TO PETITIONER BY THE IST RESPONDENT. EXHIBIT P5- TRUE COPY OF THE LETTER DATED 18.2.2011 FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P6- TRUE COPIES OF THE RETURNS FOR THE 2ND, 3RD & 4TH QUARTERS IN 2009-2010 FILED BY PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P7- TRUE COPY OF THE APPEAL AGAINST EXT.P2 ORDER FILED BEFORE THE 3RD RESPONDENT ON 27.9.2011. EXHIBIT P7(A)- TRUE COPY OF THE APPLICATION FOR CONDONATION OF DELAY FILED IN EXT.P7 APPEAL ON 27.9.2011. EXHIBIT P7(B)- TRUE COPY OF THE APPLICATION FOR EARLY HEARING FILED IN EXT.P7 APPEAL ON 27.9.2011. EXHIBIT P7(C)- TRUE COPY OF THE APPLICATION FOR STAY FILED IN EXT.P7 APPEAL ON 27.9.2011. EXHIBIT P8- TRUE COPY OF THE APPEAL AGAINST EXT.P3 FILED BEFORE 3RD RESPONDENT. EXHIBIT P8(A)- TRUE COPY OF THE APPLICATION FOR CONDONATION OF DELAY FILED IN EXT.P8 APPEAL ON 27.9.2011. EXHIBIT P8(B)- TRUE COPY OF THE APPLICATION FOR EARLY HEARING FILED IN EXT.P8 APPEAL ON 27.9.2011. EXHIBIT P8(C)- TRUE COPY OF THE APPLICATION FOR STAY FILED IN EXT.P8 APPEAL ON 27.9.2011. EXHIBIT P9- TRUE COPY OF THE APPEAL AGAINST EXT.P4 ORDER FILED BEFORE THE 3RD RESPONDENT ON 27.9.2011. EXHIBIT P9(A)- TRUE COPY OF THE APPLICATION FOR CONDONATION OF DELAY APPLICATION FILED IN EXT.P9. (Contd..) WP(C).No. 27744 of 2011(P) EXHIBIT P9(B)- TRUE COPY OF THE APPLICATION FOR EARLY HEARING APPLICATION FILED IN EXT.P9. EXHIBIT P9(C)- TRUE COPY OF THE APPLICATION FOR STAY FILED IN EXT.P7 APPEAL ON 27.9.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn RESPONDENT'S EXHIBITS : //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 27744 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of October, 2011. J U D G M E N T The petitioner has filed three appeals along with petitions for condonation of delay of 14 months in filing the same, stay petition and petitions for urgent hearing of the appeals. Exts. P7(b), P8(b) and P9(b) are the early posting petitions. The petitioner confines their relief for a direction to the 3rd respondent to consider and pass orders on Exts. P7(b), P8(b) and P9(b) applications for urgent hearing of the appeals. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 3rd respondent to consider and pass orders on Exts. P7(b), P8(b) and P9(b) applications for early hearing of the appeals, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/