IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8831 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------ M/S. FOOD FATS AND FERTILIZERS LTD. VADUTHALA, KOCHI-23, REPRESENTED BY ITS GENERAL MANAGER (MARKETING) BY ADV. SRI.AUGUSTINE JOSEPH, SMT.JULIUS SMITH, SRI.K.S. ROCKEY. RESPONDENT(S): -------------------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-16. 2. THE ASSISTANT COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE I, COMMERCIAL TAXES, ERNAKULAM, KOCHI-682 016. R1 & R2 BY GOVT. PLEADER MR.V.K SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 8831 of 2011 --------------------------------- Dated this the 21st day of March, 2011 JUDGMENT Against Exts.P1(a) to P1(d) orders of assessment, the petitioner had filed appeals before the 1st respondent, as evidenced from Exts.P2(a) to P2(d). Along with the appeals the petitioner had filed stay petitions as evidenced from Exts.P3(a) to P3(d). It is submitted that the appeal as well as the stay petitions are pending consideration and disposal before the 1st respondent. Grievance of the petitioner is that, without considering pendency of the appeals, coercive steps of recovery is now being pursued. 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 2nd respondent to consider and pass orders on Exts.P3(a) and P3 WP(C).8831/2011 2 (d) 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 1st respondent as directed above, recovery of amounts covered under Exts.P1(a) to and P1(d), shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 1st respondent. 6. Needless to say that the 1st respondent will take all earnest steps for disposal of the appeals at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).8831/2011 3