IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29217 of 2009(V) -------------------------- PETITIONER(S): --------------- M/S.TRIVENKEM AGENCIES, 26/6, GODOWN STREET, PALAKKAD-678 014 REPRESENTED BY ITS MANAGING PARTNER, SHRI.MANISH L.SHAH. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER, FIRST CIRCLE, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-678 001. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.29217 OF 2009 ------------------------------ Dated this the 16th day of October, 2009 J U D G M E N T ---------------------- 1. Against Ext.P1 order of assessment pertaining to the year 2008-09, the petitioner had preferred Ext.P2 appeal before the 2nd respondent. Along with the appeal, the petitioner had also preferred stay petition as evidenced by Ext.P4 and a petition seeking early disposal of appeal as evidenced by Ext.P3. It is submitted that the appeal and the accompanying applications are pending consideration before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the appeals steps has now been initiated for realisation of amounts covered under Ext.P1 order, pursuant to issuance of Ext.P5 notice under the Revenue Recovery Act. Hence the petitioner seeks direction for early disposal of the appeal and to keep in abeyance recovery proceedings till then. 2. Heard counsel for the petitioner and Government Pleader appearing for respondents. Having considered facts and circumstances of the case I am inclined to dispose of the writ petition directing the appellate authority to have a early disposal of the matter. W.P.(C).29217/09-V 2 3. Therefore the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 stay petition, 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. Respondents are directed to keep in abeyance further steps for realisation of the amounts covered under Ext.P1, till orders are passed on stay petition as directed above. The 2nd respondent is also directed to take all earnest efforts for an early disposal of Ext.P2 appeal itself. C.K.ABDUL REHIM, JUDGE. okb