IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 W.P.(C).No. 5129 of 2008-(I) ------------------------- PETITIONER: ----------- M/S. MULLOOR CHITTY FUND, MARKET ROAD, ERNAKULAM-682 035, REPRESENTED BY ITS MANAGING PARTNER, K.V.KARUNAKARAN. BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENTS: ------------- 1. THE INSPECTING ASST. COMMISSIONER, DEPT. OF COMMERCIAL TAXES, ERNAKULAM, KOCHI-682 030. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-682 015. BY GOVT. PLEADER, SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 5129 OF 2008 I = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T Against Exts. P1 to P4 orders imposing penalty on the petitioner under Section 18D of the Kerala Money Lenders Act, the petitioner has filed Exts. P5 to P8 appeals and those appeals are pending consideration of the 2nd respondent. Although the petitioner has filed Exts. P9 to P12 stay petitions along with the appeals, the stay petitions also have not been heard by the 2nd respondent. In the meanwhile petitioner apprehends that coercive action will be taken for realising the penalty imposed and hence this writ petition has been filed. Having regard to the pendency of the appeals before the 2nd respondent, I feel that the 2nd respondent has to decide the appeals on expeditious basis. 2. Accordingly, I direct the 2nd respondent to dispose of Exts. P5 to P8 appeals as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Before final orders are passed, the petitioner should also be put on notice. In the W.P.(C) No. 5129 OF 2008 -2- meanwhile further proceedings for recovery of the amount due in terms of Exts. P1 to P4 shall be kept in abeyance until orders are passed in the appeals as above, on condition that the petitioner remits 1/3rd of the amount due in terms of the penalty orders. The amount shall be made within 2 weeks from today. 3. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-