IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37287 of 2010(I)
1. M/S.MASTER STEELS, PPM ROAD,
... Petitioner
Vs
1. THE ASSISTANT COMMISSIONER(ASSESSMENT)
... Respondent
2. THE DEPUTY COMMISSIONER(APPEALS)
3. INSPECTING ASSISTNAT COMMISSIONER
4. THE STATE OF KERALA,
For Petitioner :SRI.ANIL D. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :15/12/2010
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.37287 of 2010
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Dated this the 15th day of December, 2010
J U D G M E N T
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Aggrieved by Ext.P1 order of assessment the
petitioner had preferred statutory appeal before the 2nd
respondent as evidenced from Ext.P2. Ext.P3 is the stay
petition filed along with the appeal. It is submitted that the
appeal as well as the stay petition are pending consideration
and disposal before the 2nd respondent. Grievance of the
petitioner is that without considering pendency of the appeal,
coercive steps of recovery has now been initiated on issuing
Ext.P4 revenue recovery notice, under the Kerala Revenue
Recovery Act, 1968.
2. Considering pendency of the statutory appeal I am
of the view that the writ petition can be disposed of directing
the appellate authority to expedite the matter.
3. The 2nd respondent is directed to consider and pass
orders on Ext.P3 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.
W.P.(C).37287/10-I -2-
4. Till such time orders are passed by the 2nd respondent
as directed above, recovery of amounts covered under Ext.P1
which is now initiated pursuant to Ext.P4 notice, shall be kept in
abeyance.
5. The petitioner will produce a copy of this judgment
before the 2nd respondent.
C.K.ABDUL REHIM, JUDGE.
okb