IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 32190 of 2010(W) -------------------------- PETITIONER: ------------------ M/S.MULAMOOTTIL CONSTRUCTIONS, KUTTOOR, THIRUVALLA, PATHANAMTHITTA DISTRICT, REPRESENTED BY M.M.MATHEW, MANAGING PARTNER. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENTS: ------------------------- 1. COMMERCIAL TAX OFFICER (WC), PATHANAMTHITTA. 2. KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, THIRUVANANTHAPURAM, REPRESENTED BY ITS ASST.SECRETARY. BY GOVERNMENT PLEADER, SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.32190 of 2010-W ---------------------------------------- Dated this the 21st day of October, 2010. J U D G M E N T Against Ext.P1 order of assessment, the petitioner had preferred statutory appeal before the first appellate authority. The said appeal was dismissed as per Ext.P2 order. Aggrieved by Ext.P2, the petitioner has now preferred second appeal before the second respondent Tribunal as per Ext.P3. Ext.P4 is the stay petition filed along with the appeal. It is submitted that the appeal as well as the stay petition are now pending consideration and disposal before the Tribunal. Grievance of the petitioner is that without considering pendency of the appeal, steps for recovery of the amounts has now been initiated on issuing Ext.P5 notice. 2. Having considered pendency of the statutory appeal before the Tribunal, I am of the view that the writ petition can be disposed of on issuing necessary directions to the Tribunal to expedite the matter. W.P(C) No.32190 of 2010-W 2 3. The second respondent Tribunal is directed to consider and pass orders on Ext.P4 stay petition, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within six weeks from the date of receipt of a copy of this judgment. 4. Till such time orders are passed by the Tribunal as directed above, further steps of recovery pursuant to Ext.P5 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the second respondent. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.32190 of 2010-W 3