IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26988 of 2003(K) -------------------------- PETITIONER: ------------------ N.RANGANAYAKI, W/O. LATE P.S.MOHANKUMAR KUNNAPPILLY LANE, NETTIPADAM ROAD, COCHIN-16 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENTS: ------------- 1. SALES TAX OFFICER, IIND CIRCLE, ERNAKULAM. 2. APPELLATE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM. 3. DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. BY GOVERNMENT PLEADER SRI MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ASSESSMENT ORDER DTD. 28/12/2002 ISSUED BY THE IST RESPONDENT. EXT.P2 TRUE COPY OF THE DEMAND NOTICE DTD. 15/2/2003 ISSUED BY THE IST RESPONDENT. EXT.P3 TRUE COPY OF THE ASSESSMENT ORDER DTD. 28/2/2003 ISSUED BY THE IST RESPONDENT. EXT.P4 TRUE COPY OF THE DEMAND NOTICE DTD. 6./3/2003 ISSUED BY THE IST RESPONDENT. EXT.P5 TRUE COPY OF THE MEMORANDUM OF APPEAL FILEDBY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 3/5/2003. EXT.P6 TRUE COPY OF THE NOTICE DTD. 29/7/2003 ISSUD BY THE 3RD RESPONDENT. EXT.P7 TRUE COPY OF THE NOTICE DTD. 29/7/2003 ISSUED BY THE 3RD RESPONDENT. P.R. RAMAN, J. = = = = = = = = = W.P.(C) NO. 26988 OF 2003 = = = = = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF SEPTEMBER, 2008. J U D G M E N T Stay of Exts.P5 and P6 revenue recovery notices was granted and notice was ordered by this court on 22.8.2003. But no process was paid. Thus, the petitioner committed default in serving notice to the respondents. 2. Besides challenging Exts.P6 and P7 revenue recovery notices issued by the third respondent, petitioner seeks for a direction to the second respondent - Appellate Authority to consider and dispose of Ext.P5 appeal expeditiously. However, when the matter was taken up today, it was not stated as to whether the appeal Ext.P5 is still pending or whether it is disposed of. The learned Government Pleader also was not in a position to state as to whether the appeal is pending. The only point on which any instruction, if at all required, is on the said point. In the circumstances, no assistance is obtained from either side. Since a stay was already granted and the main prayer is for a direction to dispose of the appeal Ext.P5, the only direction called for is to expedite the disposal of Ext.P5 appeal, if not already disposed of. The same may be done. The writ petition is closed. P.R. RAMAN, (JUDGE) knc/-