IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 22819 of 2011(B) -------------------------- PETITIONER(S): --------------- M/S.WAYANAD PROPERTIES PVT.LTD., KALPETTA, REPRESENTED BY ITS MANAGING DIRECTOR, P.HARIDAS. BY ADV. SRI.A.V.MURALIDHARAN SRI.C.AJITH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE AGRICULTURAL INCOME TAX OFFICER AND COMMERCIAL TAX OFFICER, VYTHIRI, KALPETTA. 3. THE AGRICULTURAL INCOME TAX APPELLATE TRIBUNAL, KOZHIKODE. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, VYTHIRI. BY G.P. SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF ASSESSMENT ORDER DATED 26.8.2010 EXT.-P2- TREU COPY OF APPELLATE ORDER DATED 1.4.2011 EXT.P3-TRUE COPY OF PLOT INSPECTION REPORT DATED 8.7.2011 EXT.P4-TRUE COPY OF APPEAL MEMORANDUM DT.23.7.2011 EXT.P5-TRUE COPY OF PETITION FOR STAY DATED 23.7.2011 EXT.P6-TRUE COPY OF DEMAND NOTICE DATED 10.1.2011 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22819 of 2011-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011. JUDGMENT Aggrieved by the rejection of the appeal as per Ext.P2 order, the petitioner filed a second appeal before the third respondent along with a stay petition. Exts.P4 and P5 are the copies of the same. The assessment in question is in respect of the liability to pay agricultural income tax. It is submitted by the learned counsel for the petitioner that in spite of the filing of the appeal, the revenue recovery proceedings have been initiated as per Ext.P6 and the stay petition is yet to be heard by the third respondent. This writ petition is filed seeking for a direction to the third respondent to pass orders Exts.P4 and P5. Therefore, there will be a direction to the third respondent to dispose of Ext.P5 stay petition within a period of six weeks from today. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of this writ petition before the third respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/