IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 37510 of 2010(K) 1. SATHEEK.L., AKKAVILA, ERAVIPURAM P.O., ... Petitioner Vs 1. COMMERCIAL TAX OFFICER (WORKS CONTRACTS) ... Respondent 2. THE DY.COMMISSIONER (APPEALS), 3. THE INSPECTING ASST.COMMISSIONER, For Petitioner :SRI.S.ANIL KUMAR (TRIVANDRUM) For Respondent : No Appearance The Hon'ble MR. Justice C.K.ABDUL REHIM Dated :20/12/2010 O R D E R C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37510 of 2010 ------------------------------------------- Dated this the 20th 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.P3. The appeal was
filed along with Ext.P3 petition seeking condonation of
delay. Along with appeal the petitioner had also filed
Ext.P4 and P5 petitions seeking stay and early hearing,
respectively. According to the petitioner, the appeal as
well as the accompanying applications are pending
consideration and disposal before the 2nd respondent.
Grievance of the petitioner is that without considering
pendency of the appeal recovery steps has now been
initiated on the basis of Ext.P6 notice issued under the
provisions of the Kerala Revenue Recovery Act, 1968.
Hence the petitioner seeks interference of this court to
restrain the recovery steps till the disposal of the appeal.
2. Considering pendency of the statutory appeal I
W.P.(C).37510/10-K -2-
am of the view that the writ petition can be disposed of
directing the appellate authority to take expeditious steps
for consideration of the matter.
3. In the result the writ petition is disposed of
directing the 2nd respondent to consider and pass orders on
Ext.P3 application filed seeking condonation of delay, 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.
4. If delay is condoned and appeal is registered on
files, then the 2nd respondent shall consider and pass orders
on Ext.P4 stay petition, simultaneously.
5. Till such time orders are passed by the 2nd
respondent as directed above, recovery of amounts covered
under Ext.P1 which is initiated on the basis of Ext.P6 notice
shall be kept in abeyance.
6. Petitioner will produce a copy of this judgment
before the 2nd respondent.
C.K.ABDUL REHIM, JUDGE.
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