IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32190 of 2010(W)
1. M/S.MULAMOOTTIL CONSTRUCTIONS,
... Petitioner
Vs
1. COMMERCIAL TAX OFFICER (WC),
... Respondent
2. KERALA VALUE ADDED TAX APPELLATE
For Petitioner :SRI.HARISANKAR V. MENON
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :21/10/2010
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No.32190 of 2010-W
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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