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. 16542 of 2011(P) --------------------------------- PETITIONER(S): ------------------- KURUVITHADAM ASSOCIATES (P) LTD., RAVIPURAM, M.G.ROAD, ERNAKULAM, REPRESENTED BY ANILKUMAR.G, MANAGER. BY ADVS. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN RESPONDENT(S): --------------------- 1. COMMERCIAL TAX OFFICER, I CIRCLE ERNAKULAM, OLD RLY STATION ROAD, ERNAKULAM-682 018. 2. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM, KAKKANAD, KOCHI-682 030. 3. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM - 682 030. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 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. 16542/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ASSESSMENT ORDER FOR 2007-08 DATED 16/02/2011 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE NOTICE NO.A5-2471/2011 DATED 08/06/2011 ISSUED BY THE 2ND RESPONDENT TO PETITIONER. P3: COPY OF THE APPEAL MEMORANDUM IN FORM 29 DATED 17/06/2011 FILED BY PETITIONER BEFORE 3RD RESPONDENT. P3(a):COPY OF THE APPLICATION FOR CONDONATION OF DELAY IN FORM 30 IN EXT.P3 APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT. P3(b):COPY OF THE APPLICATION FOR EARLYHEARING IN FORM 30 IN EXT.P3 APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT. P3(c):COPY OF THE APPLICATION FOR STAY IN FORM 30 IN EXT.P3 APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 16542 of 2011 --------------------------------- Dated this the 21st day of June, 2011 JUDGMENT Aggrieved by Ext.P1 order of assessment, the petitioner had preferred statutory appeal before the 3rd respondent as evidenced from Ext.P3. The appeal was filed along with Ext.P3(a) petition seeking condonation of delay. Ext.P3(c) is the stay petition and Ext.P3(b) is the early hearing petition filed along with the appeal. It is submitted that the appeal as well as the accompanying applications are pending consideration and disposal before the 3rd respondent. Grievance of the petitioner is that without considering pendency of the appeal, coercive steps of recovery has now been initiated pursuant to Ext.P2 demand notice issued under the Kerala Revenue Recovery Act. Hence the petitioner is seeking interference of this court to restrain the recovery steps till the disposal of the appeal. 2. Considering the fact that the appellate authority is in seizin of the matter, I am of the view that the writ petition can be disposed of directing that authority to take expeditious steps WP(C).16542/2011 2 for disposal of the matter. 3. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Ext.P3(a) delay condonation application 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 . If the delay is condoned and the appeal is registered, then the 3rd respondent shall consider and pass orders on Ext.P3(c) stay petition, simultaneously. 4. Till such time orders are passed by the 3rd respondent, recovery of the amounts covered under Ext.P1, which is now initiated on the basis of Ext.P2 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).16542/2011 3