IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 6089 of 2008(Y) ------------------------- PETITIONER: --------------- BIJU KHAN, T.B.T.INDUSTRIES, MEENAD, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------------ 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 2. COMMERCIAL TAX OFFICER (AA), COMMERCIAL TAXES, KOLLAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOLLAM. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 6089 OF 2008 Y = = = = = = = = = = = = = = = = Dated this the 21st February, 2008 J U D G M E N T Petitioner submits that against Ext. P1 assessment order he filed Ext. P2 appeal before the 1st respondent. Along with Ext. P2 the petitioner has also filed Ext. P3 stay petition. From Ext. P4 it would appear that the 1st respondent has posted the matter for hearing to 7.3.2008. According to the petitioner, in the meanwhile recovery proceedings initiated pursuant to Ext. P4 are being continued and hence this writ petition. 2. Now that the 1st respondent has already posted the appeal itself to 7.3.2008 by issuing Ext. P4 notice, I feel that the appellate authority should consider either the appeal or the stay petition on 7.3.2008 and pass orders thereon before further action on the recovery proceedings is continued. 3. Accordingly, I direct that the 1st respondent shall hear either Ext. P2 appeal or the stay petition on 7.3.2008 and pass W.P.(C) No. 6089 OF 2008 - 2 - orders, within 2 weeks thereafter. It is also directed that in the meanwhile further proceedings pursuant to Ext. P5 shall be kept in abeyance for six weeks. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-