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. 38071 of 2010(H) --------------------------------------- PETITIONER: ------------------- SMT. BEENA GEORGE, M/S.UNIVERSAL MACHINE SERVICES, KADAVANTHRA, KOCHI-20. BY ADVS. SRI.K.MANOJ CHANDRAN, SRI.N.O. THOMAS. RESPONDENTS: ------------------------ 1. THE COMMERCIAL TAX OFFICER, (WORKS CONTRACT), COMMERCIAL TAXES DEPARTMENT, ERNAKULAM-682 031. 2. THE DEPUTY COMISSIONER OF COMMERCIAL TAXES(APPEALS), ERNAKULAM-682 015. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM, KOCHI-30. R1 TO R3 BY GOVT. PLEADER SRI. V.K. SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.38071 of 2010 ------------------------------------------- Dated this the 22nd day of December, 2010 J U D G M E N T ---------------------- Aggrieved by Ext.P1 and P2 orders of assessments, the petitioner had preferred statutory appeals before the 2nd respondent, as evidenced from Ext.P3 and P4. Along with the appeals the petitioner had also filed stay petitions, as evidenced from Ext.P5 and P6. It is submitted that the appeals as well as the stay petitions are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that without considering pendency of the appeals coercive steps of recovery has now been initiated pursuant to Ext.P7 revenue recovery notice issued under the Kerala Revenue Recovery Act, 1968. 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 2nd respondent is directed to consider and pass orders on Ext.P5 and P6 stay petitions after affording W.P.(C).38071/10-H -2- 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. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1 and P2 which is now initiated pursuant to Ext.P7 recovery notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb