IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 790 of 2010(W) ------------------------ PETITIONER(S): --------------- MR.A.S.MOHAMMED ALI, PROPRIETOR, M/S.RASI TRADERS, PANAKKAL TOWERS, BASIN ROAD, ERNAKULAM COCHIN-682031. BY ADV. SRI.TOMSON T.EMMANUEL RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, KVAT 3RD CIRCLE, ERNAKULAM. 2. THE DEPUTY COMMISSIONR (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASST.COMMISSIONR, COMMERCIAL TAXES, CIVIL STATION, KAKKANAD, COCHIN - 682030. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 790 of 2010 -------------------------------------- Dated, this the 11th day of January, 2010 J U D G M E N T Challenging Ext.P3 assessment order passed by the first respondent which was subsequently modified as per Ext.P4, the petitioner has already availed statutory remedy by filing Ext.P6 appeal, along with Ext.P7 application of early hearing and also accompanied by Ext.P8 petition for stay; which are pending consideration before the 2nd respondent. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the machinery under the Kerala Revenue Recovery Act has been turned against the petitioner as borne by Ext.P9, which hence is sought to be intercepted in the present Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 2nd respondent is directed to consider and pass appropriate orders in accordance with law on Exts.P6 to P8, as expeditiously as possible. However, it is made clear that, till such orders are passed on Ext.P8 application for stay, all further proceedings pursuant to Ext.P9 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc