IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 5129 of 2008(I) 1. M/S. MULLOOR CHITTY FUND, ... Petitioner Vs 1. THE INSPECTING ASST. COMMISSIONER, ... Respondent 2. THE DEPUTY COMMISSIONER (APPEALS), For Petitioner :SMT.S.K.DEVI For Respondent : No Appearance The Hon'ble MR. Justice ANTONY DOMINIC Dated :13/02/2008 O R D E R ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 5129 OF 2008 I = = = = = = = = = = = = = = = = Dated this the 13 th February, 2008 J U D G M E N T
Against Exts. P1 to P4 orders imposing penalty on the
petitioner under Section 18D of the Kerala Money Lenders Act, the
petitioner has filed Exts. P5 to P8 appeals and those appeals are
pending consideration of the 2nd respondent. Although the
petitioner has filed Exts. P9 to P12 stay petitions along with the
appeals, the stay petitions also have not been heard by the 2nd
respondent. In the meanwhile petitioner apprehends that coercive
action will be taken for realising the penalty imposed and hence this
writ petition has been filed. Having regard to the pendency of the
appeals before the 2nd respondent, I feel that the 2nd respondent has
to decide the appeals on expeditious basis.
2. Accordingly, I direct the 2nd respondent to dispose of Exts.
P5 to P8 appeals as expeditiously as possible, at any rate within 6
weeks of production of a copy of this judgment. Before final orders
are passed, the petitioner should also be put on notice. In the
W.P.(C) No. 5129 OF 2008 -2-
meanwhile further proceedings for recovery of the amount due in
terms of Exts. P1 to P4 shall be kept in abeyance until orders are
passed in the appeals as above, on condition that the petitioner
remits 1/3rd of the amount due in terms of the penalty orders. The
amount shall be made within 2 weeks from today.
3. Writ petition is disposed of as above.
Petitioner shall produce a copy of this judgment before the 2nd
respondent for compliance.