IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25785 of 2011(W) -------------------------- PETITIONER(S): --------------- K.I. RAJAPPAN, S/O. LATE. ITTIYATHI, KUNNUMPURATH HOUSE, PALLOM POST, NATTAKOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM - 686 001. 2. THE TAHSILDAR, TALUK OFFICE, KOTTAYAM - 686 001. 3. SRI. DAVID, FORMER DEPUTY TAHSILDAR, TALUK OFFICE, KOTTAYAM - 686 001. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, PWD PUBLIC WORKS DEPARTMENT COMPOUND, T.B. ROAD, TOURIST BUNGALOW, KOTTAYAM-686001. 5. THE VILLAGE OFFICER, NATTAKOM VILLAGE, MARIYAPPALLY POST, KOTTAYAM TALUK - 686 027. R1, R2, R4 & R5 BY GOVT. PLEADER SRI. V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25785 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF SECOND RESPONDENT'S PROCEEDING NO. D/8622/06 DATED 24.2.07 ISSUED TO PETITIONER IMPOSING LUXURY TAX OF RS. 2000/- TO HIS RESIDENTIAL HOUSE FOR THE ASSESSMENT YEAR 2006-07. EXT.P2 : COPY OF ORDER DATED 18.6.08 OF FIRST RESPONDENT COMMUNICATED TO PETITIONER. EXT.P3 : COPY OF PETITIONER'S COMPLAINT DATED 28.8.08 LODGED TO FIRST RESPONDENT. EXT.P4 : COPY OF JUDGMENT DATED 11.6.01 IN WP(C) NO. 11336/2010 OF THE HON'BLE HIGH COURT. EXT.P5 : COPY OF 2ND RESPONDENT'S ORDER DATED 24.9.10 COMMUNICATED TO PETITIONER ON 29.9.2010. EXT.P6 : COPY OF REPORT DATED 9.11.10 PREPARED BY SRI. ANIL MATHEW P. LICENSED SUPERVISOR WITH B CERTIFICATE, PARAKUNNUMPURATH HOUSE, OLESHA POST, KOTTAYAM, INDICATING THE TOTAL PLINTH AREA OF PETITIONER'S RESIDENTIAL HOUSE AFTER EXCLUDING LAWFUL DEDUCTIONS. EXT.P7 : COPY OF PETITIONER'S APPEAL DATED 9.11.10 SUBMITTED BEFORE FIRST RESPONDENT THROUGH COUNSEL. EXT.P7A : COPY OF PETITIONER'S STAY PETITION DATED 9.11.10 SUBMITTED BEFORE FIRST RESPONDENT ALONG WITH EXT.P7 APPEAL. EXT.P8 : COPY OF 4TH RESPONDENT'S DEMAND NOTICE DATED 5.8.11 ISSUED TO PETITIONER ON 16.9.11 UNDER SECTION 34 OF KRR ACT. EXT.P8A COPY OF ...ISSUED TO PETITIONER DATED 16.9.11 ALONG WITH EXT.P8 UNDER SECTION 7 OF THE KRR ACT. EXT.P9 COPY OF PETITIONER'S OBJECTION DATED 20.9.11 SENT TO 3RD RESPONDENT BY COURIER. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25785 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of September, 2011. J U D G M E N T Against Ext.P5 order under the Kerala Building Tax Act, the petitioner has filed Ext.P7 appeal along with Ext.P7(a) stay petition. The petitioner's grievance in this writ petition is that while the appeal and stay petitions are pending, revenue recovery proceedings have been initiated for recovery of the disputed tax. The petitioner seeks the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent directing him to consider and dispose Ext.P7 appeal upon giving a personal hearing to the petitioner as expeditiously as possible within a specific period of time that may be fixed by this Hon'ble Court.” 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P7(a) stay application filed by the petitioner as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment. Till orders are thus passed, recovery proceedings for recovery of the tax disputed in Ext.P7 appeal shall be kept in abeyance, provided the petitioner has complied with the statutory conditions for entertaining the appeal. Sd/- S. Siri Jagan, Judge. Tds/