IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 29069 of 2011(G) -------------------------- PETITIONER(S): ------------- TRENTIN JOHN, S/O.JOHN THOMAS, MANAGING PARTNER, M/S.ALPHA PAINTS KANJIRAPPALLY, KOTTAYAM, (RESIDING AT PLATHRA HOUSE, KANJIRAPPALLY, KOTTAYAM.) BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------- 1. COMMERCIAL TAX OFFICER, PONKUNNAM, KOTTAYAM-686 506. 2. SECRETARY, KERALA VALUE ADDED TAX, APPELLATE TRIBUNAL, ERNAKULAM-682 032. 3. INSPECTING ASST.COMMISSIONER COMMERCIAL TAXES DEPARTMENT, PALA, KOTTAYAM-686 575. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SMT.SHOBA ANNAMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29069/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: COPY OF ORDER DTD.3/3/2011 FOR THE YEAR 06-07. EXHIBIT P2: COPY OF ORDER DT.3/3/11 FOR THE YEAR 07-08. EXHIBIT P3: COPY OF ORDER DT.3/3/11 FOR THE YEAR 08-09. EXHIBIT P4: COPY OF THE APPEAL MEMORANDUM IN FORM NO.31 DT.25/10/11 FOR 2006-07. EXHIBIT P5: COPY OF THE APPEAL MEMORANDUM IN FORM NO.31 DT.25/10/11 FOR 2007-08. EXHIBIT P6: COPY OF THE APPEAL MEMORANDUM IN FORM NO.31 DT.25/10/11 IN 2008-09. EXHIBIT P7: COPY OF THE ADVANCE HEARING PETITION FOR 06-07. EXHIBIT P8: COPY OF THE ADVANCE HEARING PETITION FOR 07-08. EXHIBIT P9: COPY OF THE ADVANCE HEARING PETITION FOR 08-09. EXHIBIT P10: COPY OF THE STAY PETITION FOR 06-07. EXHIBIT P11: COPY OF THE STAY PETITION FOR 07-08. EXHIBIT P12: COPY OF THE STAY PETITION FOR 08-09. EXHIBIT P13: COPY OF THE DEMAND NOTICE DT.23/10/10. EXHIBIT P14: COPY OF THE DEMAND NOTICE DTD.23/10/10. EXHIBIT P15: COPY OF THE DEMAND NOTICE DTD.23/10/10. EXHIBIT P16: COPY OF THE DEMAND NOTICE DT.19/1/11. EXHIBIT P17: COPY OF THE DEMAND NOTICE DT.16/2/11. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AV S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29069 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2011 J U D G M E N T Against Exts.P1 to P3 appellate orders, the petitioner has filed Exts.P4 to P6 appeals along with Exts.P10 to P12 stay petitions before the 2nd respondent-Appellate Tribunal. The petitioner's grievance in this writ petition is that during the pendency of the stay petitions, coercive revenue recovery proceedings have been initiated by the 3rd respondent. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent-Appellate Tribunal to consider and pass orders on Exts.P10 to P12 stay petitions, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/