IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).NO. 6662 OF 2011(G) -------------------------------------- PETITIONER(S): ----------------------- M/S.HINDUSTAN DORR-OLIVER LTD., HOUSE NO.CRAA-63, SWATHI, KORATHATTI (XII 312-A), CHAKKALAMATTU ROAD, N.F. GATE, TRIPUNITHURA. BY ADV. SRI.ANIL D. NAIR, SRI.J.R.PREM NAVAZ, SMT.NIVEDITA A.KAMATH. RESPONDENT(S): -------------------------- 1. COMMERCIAL TAX OFFICER (WORKS CONTRACT) ERNAKULAM-682 030. 2. THE DEPUTY COMMISSIONER (APPEALS), ERNAKULAM-682 030. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM, KOCHI-10. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES), SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R4 BY SR. GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.6662 of 2011 ------------------------------------------- Dated this the 3rd day of March, 2011 J U D G M E N T ---------------------- Aggrieved by Ext.P1 & P2 orders of assessment, the petitioner had preferred statutory appeals before the 2nd respondent as evidenced from Ext.P3 & P5. Ext.P4 & P6 are the stay petitions filed along with the appeals. It is submitted that the appeals 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 issuing Ext.P7 demand notice under the Kerala Revenue Recovery Act, 1968. 2. Considering pendency of the statutory appeals I am of the view that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. The 2nd respondent is directed to consider and pass orders on Ext.P4 & P6 stay petitions, after affording an opportunity of hearing to the petitioner, as early as possible, W.P.(C).6662/11 -2- 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 amounts covered under Ext.P1 & P2 now initiated pursuant to Ext.P7 notice shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb