IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30147 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ K. ABDUL SALAM, PROPRIETOR, AURANGATTU FURNITURE, KAVANOOR (PO), MALAPPURAM DT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): -------------------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM, KOCHI-18. 2. THE SALES TAX OFFICER, MANJERI, MANJERI (PO), MALAPPURAM (DT) PIN – 676 121. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF SALES TAX, MALAPPURAM, MANJERI (PO), PIN- 676 121. R1 TO R3 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30147 of 2010 ------------------------------------------- Dated this the 30th day of September, 2010 J U D G M E N T ---------------------- Statutory appeal filed by the petitioner against Ext.P1 order of assessment, as per Ext.P2, is pending disposal before the 1st respondent. It is submitted that no orders have been issued by the 1st respondent on Ext.P3 stay petition filed along with the appeal. Grievance of the petitioner is that recovery steps are now being proceeded pursuant to Ext.P4 & P5 notices, without considering pendency of the appeal. 2. Heard, the Government Pleader appearing on behalf of the respondents. Considering pendency of statutory appeal, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. The 1st respondent is directed to consider and pass orders on Ext.P3 stay petition, after affording an W.P.(C).30147/10-P -2- 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. 4. Till such time orders are passed as directed above, recovery of amounts covered under Ext.P1 shall be kept in abeyance. Petitioner will produce a copy of this judgment before the 1st respondent. C.K.ABDUL REHIM, JUDGE. okb