IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29778 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------ S. AJITHA, PARANKIMAMVILA AGENCIES, ALUMMOODU, KARUNAGAPPALLY, KOLLAM DISTRICT-690 518. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) RESPONDENT(S): --------------------------- 1. COMMERCIAL TAX OFFICER, KARUNAGAPPALLY, KOLLAM DISTRICT-690 518. 2. COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, NEW MAHE, KANNUR DISTRICT-673 311. 3. COMMISSIONER OF COMMERCIAL TAXES, KERALA, THIRUVANANTHAPURAM-695 033. 4. DEPUTY COMMISSIONER(APPEALS), COMMERCIAL TAXES, KOLLAM-691 009. R1 TO R4 BY GOVERNMENT PLEADER SRI. MANOJ P.KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29778/2011 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF LETTER DATED 6-04-2010 ADDRESSED TO THE 1ST RESPONDENT. EXT.P2 COPY OF LETTER DATED 6-04-2010 ADDRESSED TO THE 2ND RESPONDENT. EXT.P3 COPY OF ORDER DATED 31-10-2011 OF THE 1ST RESPONDENT. EXT.P4 COPY OF APPEAL MEMORANDUM AGAINST EXT.P3. EXT.P5 COPY OF PETITION FOR EARLY HEARING OF EXT.P4 APPEAL. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 29778 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of November, 2011. J U D G M E N T The petitioner's registration under the Kerala Value Added Tax Act has been cancelled by Ext.P3 order. Against the same, the petitioner has filed an appeal before the 4th respondent. The petitioner seeks a direction to the 4th respondent to dispose of the appeal expeditiously and seeks stay of further proceedings pursuant to Ext.P3 in the meanwhile. According to the petitioner, the petitioner is not guilty of any misdemeanor and the petitioner submits that it is on the basis of the information supplied by the petitioner about transportation of sand using bogus delivery notes in the name of the petitioner, consignments of sand were detained and criminal cases registered, which is now used against the petitioner for cancellation of his registration. The petitioner therefore seeks the following reliefs: “i. issue a writ of mandamus or other appropriate writ or orders directing the 4th respondent to consider and dispose of Ext.P4 appeal and Ext.P5 petition at the earliest; ii issue a writ of prohibition or other appropriate writ or orders restraining the 1st respondent or any person acting on his behalf from enforcing Ext.P3 order till Ext.P4 appeal is disposed of.” 2. I have heard the learned Government Pleader also. I am of opinion that in the facts and circumstances of the case, the 4th respondent should consider and pass orders on Ext.P4 expeditiously. W.P(C) No. 29778 of 2011 -: 2 :- Accordingly, this writ petition is disposed of with a direction to the 4th respondent to consider and pass orders on Ext.P4 appeal as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- S. Siri Jagan, Judge. Tds/