IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 W.P(C).No. 8323 of 2008(N) --------------------------------- PETITIONER: -------------- N.NALINI, MOTHER & LEGAL HEIR OF J.BABUJI, J.B.INDUSTRIES, N.J.NIVAS, ERAVIPURAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ----------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 2. SALES TAX OFFICER, COMMERCIAL TAXES, II CIRCLE, KOLLAM. 3. THE TAHSILDAR (RR), KOLLAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8323 OF 2008 N ==================== Dated this the 12th day of March, 2008 J U D G M E N T Petitioner submits that against Ext.P1 order of assessment, Ext.P2 appeal and Ext.P3 stay petition was filed before the 1st respondent. It is contended that the appeal was heard and orders have been reserved in the matter on 6/3/2008. According to the counsel though orders are so awaited in the appeal, recovery proceedings are now pursued on the strength of Ext.P5. It is on account of this, writ petition has been filed. 2. Having regard to the fact that the appeal has been heard on 6/3/2008 and orders are awaited, it is only proper that the 1st respondent disposes of the appeal itself before further action is taken for enforcing the recovery under Ext.P1. 3. Accordingly, I direct that the 1st respondent shall dispose of the appeal, as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. WPC 8323/08 :2 : 4. In the meantime, further proceedings enforcing the liability under Ext.P1 will stand stayed for a period of six weeks from today. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC,JUDGE. Rp