IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15503 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ SHRI.K.C.VENUGOPAL, PROPRIETOR, M/S.WE ARE AUTOMOBILES, KARUNAGAPPALLY BRANCH M/S.GAYATHRI AGENCIES, KUTTICKKATTIL, AYANI NORTH, KUTTICKKATTIL JUNCTION, S.V.MARKET (P.O), KARUNAGAPPALLY-690 573. BY ADVS. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): -------------------------- 1. THE COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT), COMMERCIAL TAXES, KOLLAM.PIN- 691 001 2. THE DEPUTY COMMISSIONER (APPEALS)-II, COMMERCIAL TAXES, KOLLAM.PIN- 691 001 3. THE TAHSILDAR (REVENUE RECOVERY), KARUNAGAPPALLY.PIN- 690 573 R1 TO R3 BY GOVERNMENT PLEADER SRI.V.K. SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 15503 of 2011 --------------------------------- Dated this the 9th day of June, 2011 JUDGMENT Against Ext.P1 order of assessment, the petitioner had filed appeal before the 2nd respondent, as evidenced from Ext.P9. Along with the appeal the petitioner had filed stay petition as evidenced from Ext.P9(a). It is submitted that the appeal as well as the stay petition are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that, without considering pendency of the appeal, recovery steps has now been initiated. 2. Heard; learned Government Pleader appearing on behalf of the respondents. It is submitted that there may be delay in filing the appeal. Considering pendency of the statutory appeal, I am of the opinion 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 2nd respondent to consider and pass orders on Ext.P9(a) stay petition, if the appeal is already registered and the same is in WP(C).15503/2011 2 order, 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 . 4. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. 6. Needless to say that the 2nd respondent will take all earnest steps for disposal of the appeal at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).15503/2011 3