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. 12174 of 2011(V) ---------------------------------------- PETITIONER(S): ----------------------- JOSEPH CHACKO, AGED 31 YEARS, S/O.P.J. CHACKO, PUTHENPURACKAL, TRIKALOOR P.O., THACHAMPARA, PALAKKAD DISTRICT. BY ADV. SRI.ESM.KABEER, SRI.N. ABDUL MAJEED. RESPONDENT(S): --------------------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAX OFFICE, THEVARA, ERNAKULAM-682 011. 2. THE COMMERCIAL TAX OFFICER-I, MANNARKAD, PALAKKAD-678 001. 3. THE TAHSILDAR (RR), MANNARKAD TALUK, MANNARKAD, 678 001. 4. THE VILLAGE OFFICER, MANNARKAD-I VILLAGE, 678 001. R1 TO R4 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.12174 of 2011 ------------------------------------------- Dated this the 12th day of April, 2011 J U D G M E N T ---------------------- Aggrieved by Ext.P1 to Ext.P6 orders of assessment, the petitioner had preferred statutory appeals before the 1st respondent as evidenced from Ext.P9 to P14. Along with the appeals the petitioner had filed Ext.P15 to P20 stay petitions and Ext.P21 to P26 petitions for condonation of delay. It is submitted that the appeals 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 issuing Ext.P27 demand notice under the Kerala Revenue Recovery Act, 1968. 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. Accordingly the writ petition is disposed of directing the 1st respondent to consider and pass orders on W.P.(C).12174/11 -2- Ext.P21 to P26 applications filed seeking condonation of delay, 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. If delay is condoned and the appeals are registered, then the 1st respondent shall consider and pass orders on Ext. P15 to P20 stay petitions, simultaneously. 4. Till such time orders are passed by the 1st respondent as directed above, recovery of amounts covered under Ext.P1 to Ext.P6, which is now initiated pursuant to Ext.P 27 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 1st respondent. C.K.ABDUL REHIM, JUDGE. okb