IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14308 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- M/S.RUBFILA INTERNATIONAL LIMITED, NIDA, MENONPARA ROAD, KANJIKODE PO., PALAKKAD 678 621, REPRESENTED BY ITS ASST. MANAGER (SECRETARIAL AND LEGAL) SHRI. SUDHESH. BY ADVS. SRI.T.M.SREEDHARAN, SMT.C.K.SHERIN, SRI.V.P.NARAYANAN. RESPONDENT(S): --------------------------- 1. ASSISTANT COMMISSIONER(ASSESSMENT)-II, SPECIAL CIRCLE, COMMERCIAL TAXES, PALAKKAD 678 004. . 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM 682 016. 3. THE INSEPCTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD 678 004. R1 TO R3 BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 14308 of 2011 --------------------------------- Dated this the 27th day of May, 2011 JUDGMENT Against Exts.P4 to P9 orders of assessment, the petitioner had filed appeals before the 2nd respondent, as evidenced from Exts.P10 to P15. Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P10(a),P11(a),P12(a), P13 (a),P14(a) and P15(a). It is submitted that the appeal as well as the stay petitions are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps of recovery has now been initiated on the basis of Exts.P16 to P18 (a) notices. 2. Heard; learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeals, 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 WP(C).14308/2011 2 2nd respondent to consider and pass orders on Exts.P10(a),P11 (a),P12(a), P13(a),P14(a) and P15(a) stay petitions filed along with the appeals, 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 the amounts covered under Exts.P4 to P9, which is now initiated on the basis of Exts.P16 to P18(a) notices, 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 appeals at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).14308/2011 3