IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 11900 of 2011(J) -------------------------------------- PETITIONER: ------------------- ANNETTE KURIAN, HIGH CREST ESTATE, URUMBIKKARA, WEMBLY.P.O., KOOTTICKAL. BY ADVS. SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON, SRI.MAHESH V.MENON. RESPONDENTS: ------------------------ 1. INTELLIGENCE OFFICER, SQUAD NO.I, IDUKKI AT KATTAPPANA – 685 508. 2. KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, SALES TAX COMPLEX, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS SECRETARY – 682 023. 3. DHANALAKSHMI BANK LTD., WADAKKANCHERRY BRANCH, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER – 678 001. R1 & R2 BY SR. GOVT. PLEADER SRI. C.K. GOVINDAN, R3 BY SRI. C.K. KARUNAKARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 11900 of 2011 --------------------------------- Dated this the 12th day of April, 2011 JUDGMENT Aggrieved by Exts.P1 and P2 orders of penalty, confirmed through Ext.P3 common order issued by the 1st appellate authority, the petitioner had preferred second appeals before the 2nd respondent as evidenced from Exts.P4 and P5. Exts.P6 and P7 are the stay petitions filed along with the appeals. It is stated that the appeals as well as the stay petitions are pending consideration and disposal before the 2nd respondent Tribunal. Grievance of the petitioner is that, meanwhile coercive steps of recovery has been initiated. Hence the petitioner seeks direction to restrain the recovery steps till the disposal of the appeals. 2. Considering the fact that the appellate Tribunal is in seizin of the matter, I am of the view that interest of justice will be served if a direction is issued to the Tribunal to consider and dispose of the matter on an expeditious basis. 3. Accordingly, the writ petition is disposed of directing the WP(C) .11900/2011 2 2nd respondent to consider and pass orders on Exts.P6 and P7 stay petitions, 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 . Needless to say that while granting interim relief the 2nd respondent Tribunal shall take note of various remittances already made. 4. Till such time orders are passed by the 2nd respondent, the recovery steps shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .11900/2011 3