IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 W.P(C).No. 4860 of 2008(C) --------------------------------- PETITIONER: -------------- HARISH V.K., VALLIATHU HOUSE NELLIKALA P.O., PATHANAMTHITTA DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ----------------- 1. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOLLAM. 2. THE COMMERCIAL TAX OFFICER-II PATHANAMTHITTA. 3. THE TAHSILDAR (R.R.), PATHANAMTHITTA. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 4860 OF 2008 C = = = = = = = = = = = = = = = = Dated this the 11th February, 2008 J U D G M E N T Petitioner submits that against Ext. P2 order of assessment he had filed Ext. P3 appeal before the 1st respondent. It is stated that pursuant to Ext. P4 notice of hearing, the appeal was heard on 14.11.2007 and that orders have been reserved by the 1st respondent. Though orders have not been pronounced, revenue recovery proceedings have been initiated by Ext. P5, in order to realise the amount due in terms of Ext. P2 order of assessment. It is in this background the writ petition has been filed by the petitioner. 2. I have heard the learned counsel for the petitioner as also the learned Govt. Pleader. 3. Since, as a matter of fact the appeal itself has been heard on 14.11.2007 as stated by the petitioner, I do not think it right to recover the amount due in terms of the assessment order at this stage. Therefore, I direct that the 1st respondent shall pass final orders on Ext. P3 appeal, if the same has already been heard on W.P.(C) No. 4860 of 2008 - 2 - 14.11.2007. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. In the meantime, further proceedings pursuant to Ext. P5 be deferred for a period of 6 weeks. Petitioner shall produce a copy of this judgment before the respondent for compliance. ANTONY DOMINIC JUDGE jan/-