IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 14938 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- KANAN DEVAN HILLS PLANTATIONS COMPANY PVT. LTD., KDHP HOUSE, MUNNAR-685612. REPRESENTED BY ITS EXECUTIVE DIRECTOR, MR. P.M.SRIKRISHNAN. BY ADVS. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): -------------------- 1. COMMERCIAL TAX OFFICER, DEVIKULAM, IDUKKI DIST-685613. 2. DEPUTY COMMISSIONER(APPEALS) COMMERCIAL TAXES, PERUMANOOR, KOCHI-682015. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14938/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DATED 06/05/2011 OF THE 1ST RESPONDENT. P2: COPY OF PETITIONER'S APPEAL DATED 16/05/2011 FILED BEFORE THE 2ND RESPONDENT. P3: COPY OF PETITIONER'S STAY PETITION DATED 16/05/2011 FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NILL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.14938 of 2011 ---------------------------------------- Dated this the 6th day of June, 2011. J U D G M E N T Against Ext.P1 order of assessment the petitioner had preferred statutory appeal before the second respondent, as per Ext.P2. Ext.P3 is the stay petition filed along with appeal. It is submitted that the appeal as well as the stay petition are pending consideration and disposal before the second respondent. Grievance of the petitioner is that, without taking note of pendency of the appeal, coercive steps of recovery has now been pursued. 2. Heard ; learned Government Pleader appearing on behalf of respondents. Considering pendency of the statutory appeal and the stay petition, I am of the view that the writ petition can be disposed of on issuing necessary directions to the appellate authority. 3. Under the above mentioned circumstances, the writ petition is disposed of directing the second respondent 2 W.P(C) No.14938 of 2011 to consider and pass orders on Ext.P3 stay petition filed along with the appeal, 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 second respondent as directed above, recovery of amounts covered under Ext.P1 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the second respondent. C.K.ABDUL REHIM JUDGE ami/