IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 4599 of 2011(Y) -------------------------------- PETITIONER(S): ------------------- P.NATARAJAN, PROPRIETOR, PAPPUKUTTY BEACH RESORT, LIGHT THOUSE BEACH, KOVALAM. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.RAJA KANNAN RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE INTELLIGENCE OFFICER, SQUAD NO.V (SPL.SQUAD), THIRUVANANTHAPURAM-695 001. 3. THE SALES TAX APPELLATE TRIBUNAL SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. 4. THE INSPECTING ASSISTANT COMMISSIONER DEPARTMENT OF COMMERCIAL TAXES, NEYYATTINKARA-695 121. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.4599 of 2011 ------------------------------------------- Dated this the 18th day of February, 2011 J U D G M E N T ---------------------- Aggrieved by Ext.P1 and P2 orders which are confirmed in Ext.P3 by the first appellate authority, the petitioner had preferred further appeals before the 3rd respondent Tribunal, as evidenced from Ext.P4 and Ext.P5. Ext.P6 and P7 are the stay petitions filed along with the appeals. It is submitted that the appeals as well as the stay petitions are pending consideration and disposal before the 3rd respondent. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps of recovery have now been initiated by the 4th respondent. 2. Considering pendency of the statutory appeals, I am of the view that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. The 3rd respondent is directed to consider and pass orders on Ext.P6 and P7 stay petitions, 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. W.P.(C).4599/11 -2- 4. Till such time orders are passed by the 3rd respondent tribunal as directed above, recovery of amounts covered under Ext.P1 and P2 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM, JUDGE. okb