IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5502 of 2008(E) ------------------------- PETITIONER: ------------ BEEKEY GRANITES (P) LTD., CHENGULAM KOTTARAKKARA, REP. BY ITS MANAGING DIRECTOR- ROY JACOB BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOLLAM. 2. COMMERCIAL TAX OFFICER (AA) COMMERCIAL TAXES, KOLLAM. 3. THE INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES, KOTTARAKKARA. BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============================= W.P.(C)NO. 5502 OF 2008-E ============================== DATED THIS THE 15TH DAY OF FEBRUARY 2008 JUDGMENT The petitioner submits that against Ext.P1 order of assessment, the petitioner has filed Ext.P2 appeal along with Ext.P3 stay petition before the first respondent. It is stated by the petitioner that the appeal itself is posted to 18-12-2008 for hearing and Ext.P4(a) is the hearing notice. In the meanwhile recovery proceedings have been initiated and Ext.P5 is revenue recovery notice. It is in this background, the writ petition has been filed. 2. In view of the fact that the appeal itself is now posted to 18-2-2008, it is only proper that either the appeal or the stay petition is heard and decided by the first respondent. Accordingly, I direct that the first respondent shall consider Ext.P2 appeal or at least Ext.P3 stay petition on 18-2-2008 and W.P.C. 5502/2008 -2- pass orders thereon as expeditiously as possible, at any rate within four weeks thereafter. In the meantime, further proceedings pursuant to Ext.P5 shall be kept in abeyance for a period of six weeks. The petitioner shall produce a copy of this judgment before the first respondent for compliance. The writ petition is disposed of as above. Issue copy of the judgment today itself. ks. ANOTNY DOMINIC, JUDGE