IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 993 of 2011(Y) ----------------------------------- PETITIONER: ------------------- M/S. VYSALI PHARMACEUTICALS LTD., 34/754,755,EDAPPALY,KOCHI-682 024, REPRESENTED BY ITS DIRECTOR DR.A.D.KRISHNAN. BY ADVS. SRI.ANIL D. NAIR, SRI.J.R.PREM NAVAZ. RESPONDENTS: ------------------------ 1. THE ASSISTANT COMMISSIONER(ASSESSMENTS), SPECIAL CIRCLE-1,ERNAKULAM – 682 016. 2. THE DEPUTY COMMISSIOINER(APPEALS), ERNAKULAM – 682 016. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES,ERNAKULAM – 682 016. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY(TAXES),SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 TO R4 BY SR. GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO.993 of 2011 --------------------------------- Dated this the 12th day of January, 2011 JUDGMENT Against Exts.P1 to P4 orders of assessment, the petitioner had filed appeals before the 2nd respondent, as evidenced from Exts.P5 to P8. Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P9 to P12. Exts.P13 to P15 are the delay condonation petitions filed along with the appeals. It is submitted that the appeals as well as the accompanying applications are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps has now been initiated, on the basis of Exts.P17 to P20 notices. 2. Heard, learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeals, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. WP(C). 993/2011 2 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P9 to P12 stay petitions filed along with the appeals, after affording an opportunity of hearing to the petitioner, as early as possible, 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 Exts.P1 to P4, which is now initiated on the basis of Ext.P17 to P20 notices, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. 6. Needless to say that the 2nd respondent will take earnest steps for disposal of the appeal at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C). 993/2011 3