IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33265 of 2010(G)
1. M/S.FALCON TYRES LTD.,
... Petitioner
Vs
1. THE ASSISTANT COMMISSIONER(ASSESSMENT)
... Respondent
2. THE DEPUTY COMMISSIONER(APPEALS),
3. THE INSPECTING ASSISTANT COMMISSIONER,
For Petitioner :SRI.V.P.SUKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :02/11/2010
O R D E R
C. K. ABDUL REHIM, J.
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W.P.(C) No. 33265 of 2010
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Dated this the 2nd day of November, 2010
JUDGMENT
Aggrieved by Ex.P1 order of assessment, the
petitioner preferred Ext.P2 appeal along with Ext.P3 stay
petition before the 2nd respondent. The petitioner also filed
Ext.P4 application seeking early hearing of the appeal. It is
submitted that the appeal and the stay petition are pending
consideration before the appellate authority. Grievance of
the petitioner is that, without considering pendency of the
appeal and the petition for stay, recovery steps has been
initiated on the basis of Ext.P5 notice issued under the
provisions of the Kerala Revenue Recovery Act.
2. Considering the pendency of the statutory appeal, I
am of the opinion that the writ petition can be disposed of
directing that authority to have an expeditious
consideration of the matter.
3. Therefore the writ petition is disposed of directing
the 2nd respondent to consider and pass orders on Ext.P3
W.P.(C) No. 33265/2010 2
stay petition, 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 the orders are passed by the 2nd respondent as
directed above, recovery of amounts covered under Ext.P1,
which is now initiated pursuant to Ext.P5, shall shall be
kept in abeyance.
5. The petitioner will produce a copy of this judgment
before the 2nd respondent.
C. K. ABDUL REHIM,
JUDGE.
mn.