IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24938 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- RANJIT.G., PROPRIETOR, M/S.R.G.TRADERS, PADIKKAL MARATH HOUSE, CHENGAMANADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.C.K.THANU PILLAI RESPONDENT(S): --------------------- 1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, ALUVA- 683 101. 2. THE DEPUTY COMMISSIONER (APPEAL), COMMERCIAL TAXES, ERANKULAM-682 013. 3. THE COMMERCIAL TAX OFFICER, ALUVA-683 101. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 24938/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.32150751592/2007-08 DATED 15/06/2011 ISSUED BY THE 3RD RESPONDENT. P2: COPY OF APPEAL MEMORANDUM IN FORM NO.29 DATED 22/07/2011 PRESENTED BEFORE THE 2ND RESPONDENT. P3: COPY OF STAY APPLICATION DATED 22/07/2011 PRESENTED BEFORE THE 2ND RESPONDENT. P4: COPY OF NOTICE NO.2011/44927/7/2011/897/7/803 DATED 12/09/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24938 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of September, 2011 J U D G M E N T Against Ext.P1 assessment order, the petitioner has filed Ext.P2 appeal along with Ext.P3 stay petition. The petitioner’s grievance in this writ petition is that while the stay petition is pending, revenue recovery proceedings have been initiated by the 1st respondent to recover the tax disputed in the appeal. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent appellate authority to consider and pass orders on Ext.P3 stay petition, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P3 stay petition, coercive recovery of the tax disputed in Ext.P2 appeal shall be kept in abeyance. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/