IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 29217 of 2009(V) 1. M/S.TRIVENKEM AGENCIES, 26/6, ... Petitioner Vs 1. THE COMMERCIAL TAX OFFICER, ... Respondent 2. THE DEPUTY COMMISSIONER (APPEALS) 3. THE INSPECTING ASSISTANT COMMISSIONER, For Petitioner :SRI.T.M.SREEDHARAN For Respondent : No Appearance The Hon'ble MR. Justice C.K.ABDUL REHIM Dated :16/10/2009 O R D E R C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.29217 OF 2009 ------------------------------ Dated this the 16th day of October, 2009 J U D G M E N T
1. Against Ext.P1 order of assessment pertaining to the
year 2008-09, the petitioner had preferred Ext.P2 appeal before
the 2nd respondent. Along with the appeal, the petitioner had
also preferred stay petition as evidenced by Ext.P4 and a petition
seeking early disposal of appeal as evidenced by Ext.P3. It is
submitted that the appeal and the accompanying applications are
pending consideration before the 2nd respondent. Grievance of
the petitioner is that without considering pendency of the
appeals steps has now been initiated for realisation of amounts
covered under Ext.P1 order, pursuant to issuance of Ext.P5
notice under the Revenue Recovery Act. Hence the petitioner
seeks direction for early disposal of the appeal and to keep in
abeyance recovery proceedings till then.
2. Heard counsel for the petitioner and Government
Pleader appearing for respondents. Having considered facts and
circumstances of the case I am inclined to dispose of the writ
petition directing the appellate authority to have a early disposal
of the matter.
3. Therefore the writ petition is disposed of directing the
2nd respondent 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 a period of one
month from the date of receipt of a copy of this judgment.
Respondents are directed to keep in abeyance further steps for
realisation of the amounts covered under Ext.P1, till orders are
passed on stay petition as directed above. The 2nd respondent is
also directed to take all earnest efforts for an early disposal of
Ext.P2 appeal itself.
C.K.ABDUL REHIM, JUDGE.