IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37294 of 2010(J) --------------------------------- PETITIONER(S): ------------------- M/S.KAVERI PET & POLYFORMS PVT.LTD PERINGOLE, KOLENCHERRY-682 311, REPRESENTED BY ITS EXECUTIVE DIRECTOR SRI.A.R.SASIKUMAR. BY ADVS. SRI.ANIL D. NAIR SMT.NIVEDITA A.KAMATH RESPONDENT(S): -------------------- 1. THE ASSISTANT COMMISSIONER-11 COMMERCIAL TAXES, SPECIAL CIRCLE PERUMBAVOOR. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES, MUVATTUPUZHA. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES) SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 GOVT.PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37294 of 2010 ------------------------------------------- Dated this the 15th day of December, 2010 J U D G M E N T ---------------------- Aggrieved by Ext.P1 to P5 orders of penalty, the petitioner had preferred statutory appeals before the 2nd respondent, as evidenced from Ext.P6 to P10. Ext.P11 to P15 are the stay petitions filed along with the appeals. It is submitted that the appeals as well as the stay petitions are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the appeals coercive steps of recovery has now been initiated, on issuing Ext.P16 to P20 revenue recovery notices. 2. Considering pendency of the statutory appeals I am of the view that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. The 2nd respondent is directed to consider and pass orders on Ext.P11 to P15 stay petitions after affording an opportunity of hearing to the petitioner, as early as W.P.(C).37294/10-J -2- 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 2nd respondent as directed above, recovery of amounts covered under Ext.P1 to Ext.P5, now initiated pursuant to Ext.P16 to P20 notices, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb