IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 31833 of 2010(D) -------------------------- PETITIONER: ------------------ GETTY JOSEPH, CREAM LAND, OPPOSITE SUB TREASURY, KARUKACHAL, CHANGANACHERRY. BY ADVS. SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENTS: ---------------------- 1. COMMERCIAL TAX OFFICER, 2ND CIRCLE, CHANGANACHERRY, PIN-686 101. 2. VAT APPELLATE TRIBUNAL, REPRESENTED BY ITS SECRETARY, ERNAKULAM-682 031. 3. TAHSILDAR, REVENUE RECOVERY, CHANGANACHERRY, PIN-686 101. BY SENIOR GOVERNMENT PLEADER, SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.31833 of 2010-D ---------------------------------------- Dated this the 19th day of October, 2010. J U D G M E N T Aggrieved by Ext.P1 and P2 orders of assessments completed with respect to the years 2006-07 and 2007-08, the petitioner had approached the first appellate authority. In Exts.P3 and P3(a) orders issued by the first appellate authority, certain reliefs were granted to the petitioner. From Exts.P3 and P3(a) orders the petitioner had filed further appeals before the second respondent Tribunal, as per Exts.P4 and P5. Exts.P4(a) and P5(a) are the stay petitions filed along with the appeals. It is stated that the appeals and the stay petitions are pending consideration and disposal before the Tribunal. But the first respondent had now issued Exts.P8 and P9 modified orders on the basis of Exts.P3 and P3(a) and recovery steps has now been initiated on issuing notice under Exts.P6, P6(a), P7 and P7 (a). Under the above circumstances, the petitioner seeks direction for disposal of the appeal and till then to restrain W.P(C) No.31833 of 2010-D 2 recovery steps. 2. Having considered the fact that statutory appeals are pending disposal before the second respondent Tribunal, I am of the opinion that the writ petition can be disposed of directing that Tribunal to expedite the matter. 3. Under the above circumstances the writ petition is disposed of directing the second respondent Tribunal to consider and pass orders on Exts.P4(a) and P5(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 six weeks from the date of receipt of a copy of this judgment. 4. Till such time orders are passed by the Tribunal as directed above, recovery steps now initiated pursuant to Exts.P6, P6(a), P7 and P7(a) shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the second respondent. C.K.ABDUL REHIM JUDGE ab