IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27328 of 2010(M) -------------------------- PETITIONER(S): --------------- M.MUBASH, PROPRIETOR, VIKAS IRON TRADERS, CHALAKUDY, THRISSUR-680 307. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER (APPEALS), ERNAKULAM-680 016. 2. THE COMMERCIAL TAX OFFICER-II, CHALAKUDY, THRISSUR-680 307. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KARUNAGAPPALLY, KOLLAM-690 518. BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ABDUL REHIM, J --------------------------- W.P(C) No.27328 of 2010-M ---------------------------- Dated this the 3rd day of September, 2010. J U D G M E N T Aggrieved by Exts.P1 and P2 orders of assessment pertaining to the years 2005-06 and 2006-07, the petitioner had preferred appeals before the first respondent as evident from Exts.P3 and P4. Along with appeals Exts.P5 and P6 stay petitions are also filed. 2. Grievance of the petitioner is that without considering pendency of statutory appeals and stay applications, steps are now being proceeded for realising the amount covered under Exts.P1 and P2, pursuant to notices issued under Exts.P7 and P8. Hence the petitioner seeks direction to keep in abeyance the revenue recovery steps till the disposal of the appeals. 3. Heard the learned Government Pleader appearing for the respondents. 4. Considering the facts and circumstances, I am of the opinion that the writ petition can be disposed of on issuing directions to the appellate authority for an early consideration of the matter. W.P(C) No.27328 of 2010-M 2 5. In the result, the writ petition is disposed of directing the first respondent to consider and pass orders on Exts.P5 and 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. 6. Till such time orders are passed as directed above, all further proceedings of recovery initiated pursuant to Exts.P7 and P8 shall be kept in abeyance. 7. The petitioner will produce a copy of this judgment before the first respondent. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.27328 of 2010-M 3