IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 2594 of 2011(Y) ------------------------- PETITIONER(S): ----------------------- 1. M/S.MOON TIMBER SUPPLIERS, NO.VIII/439 J, PUTHENKUDY BUILDINGS, ALLEPRA POST, PERUMBAVOOR REPRESENTED BY ITS MANAGING PARTNER C.M.MUJEEB. 2. MR.P.A.NISSAR, PARTNER, M/S MOON TIMBER SUPPLIERS, PUTHENKUDY BUILDINGS, ALLEPRA POST, PERUMBAVOOR. BY ADVS. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): ------------------------- 1. THE COMMERCIAL TAX OFFICER, II CIRCLE, PERUMBAVOOR-683542. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-682031. 3. SPECIAL TAHSILDAR (REVENUE RECOVERY), ALUVA-683101. 4. TAHSILDAR (REVENUE RECOVERY), PERUMBAVOOR-683542. 5. VILLAGE OFFICER,VENGOLA-683554. 6. VILLAGE OFFICER,VADAKKUMBHAGAM, PERUMBAVOOR TALUK-683542. 7. DISTRICT COLLECTOR, ERNAKULAM-682030. R1 TO R7 BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 2594 of 2011 --------------------------------- Dated this the 25th day of January, 2011 JUDGMENT With respect to demand raised under Ext.P2, statutory appeal filed before the 2nd respondent as per Ext.P4 is pending consideration and disposal. The appeal was filed along with a petition for condonation of delay. Petitioner has also filed Exts.P5 and P6 petitions seeking stay and early hearing of the appeal. Grievance of the petitioner is that, without considering pendency of the appeal and the accompanying applications, recovery steps has now been initiated on the basis of Exts.P7 to P10 notices. Hence the petitioner seeks interference of this court to restrain recovery steps till the disposal of the appeal. 2. Heard; learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeal, I am of the opinion that the writ petition can be disposed of directing that authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing WP(C) .2594/2011 2 the 2nd respondent to consider and pass orders on the delay condonation application 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 . If the delay is condoned and the appeal is registered, then the 2nd respondent shall consider and pass orders on Ext.P5 stay petition, simultaneously. 4. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P2, which is now initiated on the basis of Exts.P7 to P10 notices, 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) .2594/2011 3