IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33978 of 2009(N) --------------------------------------- PETITIONER(S): ---------------------- JAMES. T, AGED 49 YEARS, S/O.LATE MICHAEL, THEKKEKKUTTE HOUSE, VETTATHOOR.P.O, MALAPPURAM DISTRICT. (PROPRIETOR, THEKKEKUTT HOME COLLECTIONS, ALANALLUR P.O., PALAKKAD). BY ADV. MR.ESM.KABEER MR.ABDUL MAJEED.N RESPONDENT(S): ------------------------ 1. ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAX OFFICE, ERNAKULAM. 3. THE COMMERCIAL TAX OFFICER (I), MANNARKKAD, PALAKKAD DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.33978 OF 2009 ------------------------------ Dated this the 25th day of November, 2009 J U D G M E N T ---------------------- 1. Since Ext.P8 statutory appeal filed against Ext.P6 order of assessment is pending consideration and disposal before the 2nd respondent statutory appellate authority, I am of the opinion that the writ petition can be disposed of directing that authority to have an early disposal of the matter. 2. Accordingly the 2nd respondent is directed to consider and pass orders on Ext.P9 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. 3. The respondents are directed to keep in abeyance realisation of the amounts covered under Ext.P6, which is now initiated pursuant to Ext.P10 and P11 notices, till the 2nd respondent passes orders on stay petition as directed above. 4. The 2nd respondent shall also take steps for disposal of the appeal at the earliest possible, thereafter. C.K.ABDUL REHIM, JUDGE. okb