IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37929 of 2010(M) -------------------------- PETITIONER: ------------------- P.RAMESH, 4/656, P.R.M.POULTRY FARM, 10TH NO.KALAM, VANNAMADA, PALAKKAD DISTRICT. BY ADVS. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR SRI.K.UMAMAHESWAR RESPONDENTS: ---------------------- 1. COMMERCIAL TAX OFFICER, CHITTUR, PALAKKAD DISTRICT, PIN-678 104. 2. THE DY.COMMISSIONER (APPEALS), THEVARA, ERNAKULAM-682 015. 3. THE TAHSILDAR (REVENUE RECOVERY), CHITTUR, PALAKKAD-678 104. BY SENIOR GOVERNMENT PLEADER, SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 37929 OF 2010 ------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT Aggrieved by Ext.P1 order of assessment completed with respect to the year 2007-08, the petitioner had preferred appeal before the second respondent, as per Ext.P2. The appeal was filed along with Ext.P3 petition seeking condonation of delay. Petitioner had also filed stay petition along with appeal as evidenced from Ext.P4. According to the petitioner the appeal and the accompanying application are pending consideration and disposal before the second respondent. Without considering pendency of the appeal, coercive steps of recovery has now been initiated on the basis of Ext.P5 notice issued under the Kerala Revenue Recovery Act. Hence the petitioner is seeking indulgence of this Court to restrain recovery steps till the disposal of the appeal. 2. Considering pendency of the matter before the statutory appellate authority, I am of the view that the Writ Petition can be disposed of on issuing necessary directions 2 WP(C) No. 37929/2010 to that authority. 3. Accordingly the Writ Petition is disposed of directing the second respondent to consider and pass orders on Ext.P3 delay condonation application, 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. 4. If delay is condoned and appeal is registered, then the second respondent shall consider and pass orders on Ext.P4 stay petition, simultaneously. 5. Till such time orders are passed by the second respondent as directed above, recovery of amounts covered under Ext.P1 order of assessment, which is initiated on the basis of Ext.P5 notice shall be kept in abeyance. 6. The petitioner will produce a copy of this judgment before the second respondent. C.K. ABDUL REHIM JUDGE dnc