IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17062 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ M/S. ARCHANA AGENCIES, ST.GEORGE STREET, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER C.N.RADHAKRISHNAN. BY ADVS. SRI.V.P.SUKUMAR, SRI.BEJOY CHERIYAN. RESPONDENT(S): --------------------------- 1. THE COMMERCIAL TAX OFFICER, IIND CIRCLE, ALAPPUZHA - 688 001. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM - 690 001. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ALAPPUZHA - 688 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17062/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ASSESSMENT ORDER DTD. 5/03/2011 FOR 2004-05 PASSED BY THE 1ST RESPONDENT. P2: COPY OF THE APPEAL DTD. 27/05/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE APPLICATION FOR STAY OF COLLECTION OF TAX DTD. 27/05/2011. P4: COPY OF THE APPLICATION FOR CONDONATION OF DELAY DTD. 27/05/2011. P5: COPY OF THE RR NOTICE DTD. 15/06/2011 ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 17062 of 2011 --------------------------------- Dated this the 28th day of June, 2011 JUDGMENT Aggrieved by Ext.P1 order of assessment the petitioner had preferred statutory appeal before the 2nd respondent as evidenced from Ext.P2. The appeal was filed along with Ext.P4 petition seeking condonation of delay. Ext.P3 is the stay petition filed along with the appeal. It is submitted that the 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, coercive steps of recovery has now been initiated pursuant to demand notice issued under the provisions of 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 for disposal . WP(C) .17062/2011 2 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 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 2nd respondent shall consider and pass orders on Ext.P3 stay petition, simultaneously. 4. Till such time orders are passed by the 2nd respondent as directed above, recovery of the amounts covered under Ext.P1, which is now initiated on the basis of Ext.P5 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .17062/2011 3