IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14418 of 2011(B) ----------------------------------------- PETITIONER(S): ------------------------ R.K.ABDULLA HAJI, PROPRIETOR, M/S.R.K.FURNITURE & INERIOR DECORATORS, DUBAI TOWER,VADAKARA,KOZHIKODE DISTRICT. BY ADV. SRI.N.K.SANATHKUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPT. OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. COMMERCIAL TAXE OFFICER II, VADAKARA 673 101. 3. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE-673 001. 4. SALES TAX OFFICER (RECOVERY), O/O. DEPUTY COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, KOZHIKODE-673 001. R1 TO R4 BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 14418 of 2011 --------------------------------- Dated this the 27th day of May, 2011 JUDGMENT Against Ext.P1 order of assessment and Ext.P3 penalty order, the petitioner had filed appeals before the 3rd respondent, as evidenced from Exts.P5 and P6. Along with the appeals, the petitioner had filed stay petitions as evidenced from Exts.P7 and P8. 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 for recovery has now been initiated on the basis of Ext.P9 notice. 2. Heard; learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeals, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Exts.P7 and P8 WP(C) .14418/2011 2 stay petitions filed along with the appeals, after affording 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 3rd respondent as directed above, recovery of the amounts covered under Exts.P1 and P3, which is now initiated on the basis of Ext.P9 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .14418/2011 3