IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 14695 of 2011(J) --------------------------------- PETITIONER(S): ------------------- M/S.POOKODAN TOWERS, A PARTNERSHIP FIRM REPRESENTED BY THE PARTSNSER P.P.JOBY, AGED 35, S/O.POOKKODAN FRANCIS, POOKODAN HOUSE, VENDOR, ALAGAPPA NAGAR P.O., THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., FINANCE DEPARTMENT GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SALES TAX OFFICER, COMMERCIAL TAXES, IRINJALAKUDA, THRISSUR DISTRICT - 680 001. 3. THE DEPUTY COMMISSIONER (APPEAL) COMMERCIAL TAX, ERNAKULAM DISTRICT - 682 001. 4. THE AUTHORISED OFFICER, DEPUTY TAHSILDAR (R.R.), MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA, THRISSUR DISTRICT - 680 001. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 14695 of 2011 --------------------------------- Dated this the 31st day of May, 2011 JUDGMENT Aggrieved by Ext.P1 order, the petitioner had preferred statutory appeal before the 2nd respondent as evidenced from Ext.P2. The appeal was filed along with Ext.P5 petition seeking condonation of delay. Ext.P3 is the stay petition filed along with the appeal. It is submitted that the appeal as well as the stay petition are pending consideration and disposal before the 3rd respondent. Grievance of the petitioner is that, without considering pendency of the appeal, coercive steps of recovery has now been initiated under the provisions of the Kerala Revenue Recovery Act. Hence the petitioner is seeking interference of this court to restrain the recovery steps till the disposal of the appeal. 2. Considering the fact that statutory appellate authority is in seizin of the matter, I am of the view that the writ petition can be disposed of directing that authority to take expeditious steps for disposal . WP(C) .14695/2011 2 3. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Ext.P5 delay condonation application filed along with appeal, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period 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 3rd respondent shall consider and pass orders on Ext.P3 stay petition, simultaneously. 4. Till such time orders are passed by the 3rd respondent as directed above, recovery of the amounts covered under Ext.P1, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .14695/2011 3