IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35632 of 2010(D) -------------------------- PETITIONER): ------------------- KARTHIK.K.S, PROPRIETOR, M/S.PALLAVI ENTERPRISES, PATTIKKAD, NEAR HIGH SCHOOL,PATTIKKAD, THRISSUR 680 652. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): ----------------------- 1. THE DEPUTY COMMISSIONER(APPEALS) ERNAKULAM,KOCHI-15. 2. THE COMMERCIAL TAX OFFICER, VAT CIRCLE-1 THRISSUR. 3. DEPUTY TAHASILDAR(RR),THRISSUR-20. 4. VILLAGE OFFICER, PEECHI VILLAGE, THRISSUR. BY GOVT.PLEADER SRI.SHAMSUDIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.35632 of 2010-D. = = = = = = = = = = = = = Dated this the 30th day of November, 2010. J U D G M E N T Aggrieved by Ext.P1 order of assessment completed with respect to the year 2009-'10, the petitioner had preferred statutory appeal as evidenced from Ext.P2 before the first respondent. The petitioner had also filed a petition seeking interim stay, along with the appeal. It is stated that the appeal was filed along with a petition seeking condonation of delay. According to the petitioner, the statutory appeal as well as the accompanying applications are pending consideration and disposal before the first respondent. Grievance of the petitioner is that without considering pendency of the appeal and the accompanying applications, the respondents have now initiated coercive steps as evidenced from Ext.P3 notice. Therefore, the petitioner seeks direction to restrain the WP(C).No.35632/2010-D. 2 coercive steps till the disposal of the appeal. 2. Considering pendency of the appeal before the statutory authority, I am of the view that the writ petition can be disposed of directing that authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the first respondent to consider and pass orders on the delay condonation petition filed along with the appeal, as early as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If the delay is condoned and the appeal is registered, then the first respondent shall consider and pass orders on the stay petition filed along with the appeal, simultaneously. 4. Till such time orders are passed by the first respondent as stated above, recovery of amounts covered under Ext.P1, which was initiated pursuant to Ext.P3 notice, shall be kept in abeyance. WP(C).No.35632/2010-D. 3 The petitioner will produce a copy of this judgment before the first respondent. The writ petition is disposed of as above. C.K.ABDUL REHIM, (Judge) kvs/-