IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 12071 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------- KERALA FOOT WEARS, REPRESENTED BY MANAGING PARTNER HAMSA, ERINJERI ANGADY, HIGH ROAD, THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): --------------------------- 1. THE ASST. COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, POOTHOLE, THRISSUR DISTRICT - 680 004. 2. THE INSPECTING ASST.COMMISSIONER, DEPARTMENT OFCOMMERCIAL TAXES, POOTHOLE, THRISSUR DISTRICT - 680 004. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 12071 of 2011 --------------------------------- Dated this the 12th day of April, 2011 JUDGMENT Aggrieved by orders of assessment passed against the petitioner with respect to the years 2009-10 and 2010 -11, the petitioner had preferred statutory appeals before the 1st respondent as evidenced from Exts.P1 and P4. Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P2 and P5 and early hearing petitions as evidenced from Exts.P3 and P6. It is submitted that the appeal as well as the stay petitions are pending consideration and disposal before the 1st respondent. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps of recovery has now been initiated on the basis of Ext.P7 notice. 2. Heard; learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeals, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. WP(C) .12071/2011 2 3. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Exts.P2 and P5 stay petitions filed along with the appeals, 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 . 4. Till such time orders are passed by the 1st respondent as directed above, recovery of the amounts , which is now initiated on the basis of Ext.P7 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 1st respondent. 6. Needless to say that the 1st respondent will take all earnest steps for disposal of the appeals at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .12071/2011 3