IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15580 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------- M/S. NOKIA PRIORITY DEALER, OPP.KALLADA REGENCY, IRINJALAKUDA, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER RENJITH .R. MENON. BY ADV. SRI.P.N.DAMODARAN NAMBOOTHIRI RESPONDENT(S): --------------------------- 1. THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, IRINJALAKKUDA.PIN- 680 121. 2. THE ASST. COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, WEST FORT, THRISSUR.PIN-680 001 3. THE INSPECTING ASST. COMMISSIONER, DEPT. OF COMMERCIAL TAXES, IRINJALAKKUDA.PIN- 680 121. 4. THE DEPUTY TAHSILDAR (RR) OFFICE OF THE TAHSILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA.PIN- 680 121 R1 TO R4 BY GOVERNMENT PLEADER SRI.V.K. SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 15580 of 2011 --------------------------------- Dated this the 9th day of June, 2011 JUDGMENT Against Exts.P1,P1(A) to P1(D) orders of assessment, the petitioner had filed appeals before the 2nd respondent, as evidenced from Exts.P4, P4(A) to P4(D). Along with the appeals, the petitioner had filed stay petitions as evidenced from Exts.P5, P5(A) to P5(D). 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 for recovery has now been initiated on the basis of Ext.P6 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 2nd respondent to consider and pass orders on Exts.P5,P5(A) to WP(C) .15580/2011 2 P5(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 2nd respondent as directed above, recovery of the amounts covered under Exts.P1, P1(A) to (P1 D), which is now initiated on the basis of Exts.P6 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. 6. Needless to say that the 2nd respondent will take all earnest steps for disposal of the appeals at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .15580/2011 3