IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5940 of 2011(N) -------------------------------------- PETITIONER(S): ----------------------- M/S. MYTHRI TRADERS, TIMBER AND BAMBOO MERCHANT, PATHIRIPALA, NAGARIPURAM.P.O., PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER, SRI.DEEPESH.P.N. BY ADV. SRI.N.MURALEEDHARAN NAIR, SMT.K. HYMAVATHY. RESPONDENT(S): -------------------------- 1. THE COMMERCIAL TAX OFFICER, FIRST CIRCLE, PALAKKAD-678 001. 2. THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ERNAKULAM-682 015. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD-678 001. R1 TO R3 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 5940 of 2011 --------------------------------- Dated this the 24th day of February, 2011 JUDGMENT Aggrieved by Exts.P1 and P2 orders of assessment which are confirmed through Exts.P3 and P4 first appellate orders, the petitioner had preferred second appeals before the 2nd respondent Tribunal, as evidenced from Exts.P5 and P6. Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P7 and P8. It is submitted that the appeal as well as the stay petitions are pending consideration and disposal before the 2nd respondent Tribunal. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps of recovery has now been initiated, on the basis of Exts.P9 and P10 notices. 2. Heard; learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeals, I am of the opinion that the writ petition can be disposed of directing the Tribunal to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the WP(C) .5940/2011 2 2nd respondent Tribunal to consider and pass orders on Exts.P7 and P8 stay petitions filed along with the appeals, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment . 4. Till such time orders are passed by the 2nd respondent as directed above, recovery of the amounts covered under Exts.P1 and P2, which is now initiated on the basis of Exts.P9 and P10 notices, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent Tribunal. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .5940/2011 3