IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31833 of 2010(D)
1. GETTY JOSEPH,
... Petitioner
Vs
1. COMMERCIAL TAX OFFICER,
... Respondent
2. VAT APPELLATE TRIBUNAL,
3. TAHSILDAR,
For Petitioner :SRI.K.I.MAYANKUTTY MATHER
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :19/10/2010
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No.31833 of 2010-D
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Dated this the 19th day of October, 2010.
J U D G M E N T
Aggrieved by Ext.P1 and P2 orders of assessments
completed with respect to the years 2006-07 and 2007-08,
the petitioner had approached the first appellate authority.
In Exts.P3 and P3(a) orders issued by the first appellate
authority, certain reliefs were granted to the petitioner.
From Exts.P3 and P3(a) orders the petitioner had filed
further appeals before the second respondent Tribunal, as
per Exts.P4 and P5. Exts.P4(a) and P5(a) are the stay
petitions filed along with the appeals. It is stated that the
appeals and the stay petitions are pending consideration
and disposal before the Tribunal. But the first respondent
had now issued Exts.P8 and P9 modified orders on the basis
of Exts.P3 and P3(a) and recovery steps has now been
initiated on issuing notice under Exts.P6, P6(a), P7 and P7
(a). Under the above circumstances, the petitioner seeks
direction for disposal of the appeal and till then to restrain
W.P(C) No.31833 of 2010-D 2
recovery steps.
2. Having considered the fact that statutory appeals
are pending disposal before the second respondent
Tribunal, I am of the opinion that the writ petition can be
disposed of directing that Tribunal to expedite the matter.
3. Under the above circumstances the writ petition
is disposed of directing the second respondent Tribunal to
consider and pass orders on Exts.P4(a) and P5(a) 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 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, recovery steps now initiated pursuant to
Exts.P6, P6(a), P7 and P7(a) shall be kept in abeyance.
5. The petitioner will produce a copy of this
judgment before the second respondent.
C.K.ABDUL REHIM
JUDGE
ab