IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19577 of 2011(V) --------------------------------------- PETITIONER(S): ----------------------- THE BRAEMORE ESTATES LIMITED "PLANTATION HOUSE",PATTOM PALACE P.O., TRIVANDRUM-695004,REP.BY ITS DIRECTOR, MR.T.S.RAJAGOPALAN BY ADV. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, NEDUMANGAD TALUK 2. THE DISTRICT COLLECTOR, TRIVANDRUM. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19577/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ASSESSMENT ORDER FOR 2006-07. P2:- COPY OF THE ASSESSMENT ORDER FOR 2007-08. P3:- COPY OF THE ASSESSMENT ORDER FOR 2008-09. P4:- COPY OF THE ASSESSMENT ORDER FOR 2009-10. P:- COPY OF THE APPEAL DTD. 11.12.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2006-07. P6:- COPY OF THE APPEAL DTD. 11.12.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2007-08. P7:- COPY OF THE APPEAL DTD. 11.12.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2008-09. P8:- COPY OF THE APPEAL DTD. 11.12.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2009-10. P9:- COPY OF THE STAY PETITIN DTD. 11.12.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2006-07 TO 2009-10. P10:- COPY OF THE REVENUE RECOVERY NOTICE DTD. 28.5.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19577 of 2011-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT The petitioner is running a rubber estate and is an assessee to plantation tax on the file of the first respondent. The assessment years concerned are 2006-2007 to 2009-2010 and Exts.P1 to P4 are the assessment orders. 2. The petitioner has preferred appeals as per Exts.P5 to P8 before the second respondent District Collector, Thiruvananthapuram. The appeals are of the year 2009. It is pointed out that even though stay petitions have been filed, neither the appeals nor the stay petitions have been posted for hearing. The petitioner is now faced with revenue recovery action as evident from Ext.P10 notice. It is in these circumstances, this writ petition has been filed. 3. Learned Govt. Pleader submitted that since there is no interim order in the appeals, the petitioner will have to remit the entire amount covered by Ext.P10. Evidently, since the appeals are of the year 2009, the same can be disposed of within a time frame. 4. There will be a direction to the second respondent to take wpc 19577/2011 2 appropriate decision on Exts.P5 P8 appeals after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The revenue recovery proceedings initiated against the petitioner will be kept in abeyance, on the petitioner depositing an amount of Rs.27,300/- which is the demand for the year 2006-2007 as evident from Ext.P10, within a period of one month. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the second respondent. (T.R. Ramachandran Nair, Judge.) kav/