By Advs.sri.harisankar v. Menon Smt.k.krishna Smt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY ,THE 08TH DAY OF JANUARY 2019 / 18TH POUSHA, 1940WP(C).No. 396 of 2019 PETITIONER: SHAJI AYYAPPANAGED 47 YEARS S/O.V.S.AYYAPPAN, VILLA.NO.2, MYSTIC BELLS, NEAR KANIYAMPUZHA BRIDGE, EROOR, ERNAKULAM-682306. BY ADVS.SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENTS: THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- JUDGMENT The petitioner has filed an appeal as againstExt.P1 assessment order before the 2[nd] respondent.This appeal is pending for more than three years.When recovery sought to be effected, the petitionermoved stay application. 2.The learned standing counsel for therespondents objected granting of interim order,staying the recovery, citing that the petitioner hadnot moved before the 2[nd] respondent for the stay, whenthe appeal was filed. It is to be noted that Ext.P4recovery notice is initiated only on 06.12.2018. Inthe said circumstances, the petitioner moved a staypetition on 04.01.2019. 3.There shall be a direction to the 2[nd]respondent to consider the stay application, withinone month, after notice to the petitioner. Till then,recovery proceedings shall be kept in abeyance. Ifthere is any delay, it shall be considered beforeconsidering the stay application. DST -:3:- This writ petition is disposed of accordingly. Sd/- A.MUHAMED MUSTAQUEJUDGE APPENDIX PETITIONER'S/S EXHIBITS: //True copy// P.A.To Judge