IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35703 of 2010(K) ------------------------------------ PETITIONERS: ------------------- ANEESH BABU,PROPRIETOR, M/S.BIJILI AGENCIES, PATTAMBI,PALAKKAD 679 303. BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: --------------------- 1. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, PATTAMBI,PALAKKAD 679 303. 2. THE DEPUTY COMMISSIONER(APPEALS) DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM 682 015. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD 678 001. BY GOVT. PLEADER SRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J. ---------------------------------------- W.P(C) No. 35703 of 2010 ---------------------------------------- Dated the Ist day of December, 2010 JUDGMENT Aggrieved by Ext.P1 order of assessment completed with respect to the assessment year 2008-09, the petitioner had preferred statutory appeal before the 2nd respondent as evidenced by Ext.P2. Ext.P3 is the stay petition filed along with the appeal. It is stated that the appeal and the stay petition are now pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that, without considering pendency of the appeal, coercive steps for revenue recovery has now been initiated pursuant to notice issued as per Ext.P4. Hence the petitioner seeks direction to restrain recovery steps pending disposal of the appeal. 2. Considering pendency of the appeal before the statutory authority, I am of the view that this writ petition can be disposed of directing that authority to take expeditious steps for disposal of the matter. 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 stay petition, after affording an opportunity of personal hearing to the WPC 35703/10 :-2-: 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 orders are passed by the 2nd respondent, recovery of amounts due under Ext.P1, which is now initiated on the basis of Ext.P5 notice, shall be kept in abeyance. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K. ABDUL REHIM JUDGE. kvm/- WPC 35703/10 :-3-: