IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37539 of 2010(N) --------------------------------------- PETITIONER(S): ------------------------ T. RETNAVEL, SARASWATHY POULTRY FARM, MALAYANDIKOUNDANNUR, VANNAMADA, PALAKKAD DISTRICT. BY ADVS. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR SRI.K.UMA MAHESWAR RESPONDENT(S): -------------------------- 1. COMMERCIAL TAX OFFICER, CHITTUR, PALAKKAD DISTRICT - 678 104. 2. THE DY. COMMISSIONER (APPEALS), THEVARA, ERNAKULAM - 682 015. 3. THE TAHSILDAR (REVENUE RECOVERY), CHITTUR, PALAKKAD - 678 104. R1 TO R3 BY GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37539 of 2010 ------------------------------------------- Dated this the 20th day of December, 2010 J U D G M E N T ---------------------- Aggrieved by Ext.P1(a) & P1(b) orders of assessments with respect to the years 2006-'07 and 2007-'08, the petitioner had filed statutory appeals before the 2nd respondent, as evidenced from Ext.P2(a) & P2(b). The above appeals are filed along with delay condonation petitions, as per Ext.P3(a) & P3(b). Along with appeals the petitioner had also filed stay petitions as per Ext.P4(a) & P4(b). Grievance of the petitioner is that pending consideration and disposal of the appeals and accompanying applications, coercive steps of recovery has now been initiated on the basis of Ext.P5(a) & P5 (b) notices issued under the Kerala Revenue Recovery Act, 1968. Hence the petitioner seeks interference of this court to restrain recovery steps till the disposal of the appeals. 2. Heard, Government Pleader appearing on behalf of the respondents. Considering pendency of the matter before the statutory appellate authority, I am of the view that the writ petition can be disposed of directing that authority to expedite the matter. W.P.(C).37539/10-N -2- 3. Accordingly the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3(a) & P3 (b) delay condonation applications, 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. If the delay is condoned and appeals are registered, then the 2nd respondent shall consider and pass orders on Ext.P4 (a) & P4(b) stay petitions, simultaneously. 5. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1(a) and P1(b) which is initiated on the basis of Ext.P5(a) and P5(b) revenue recovery notices shall be kept in abeyance. 6. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb