IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3847 of 2010(E) ------------------------- PETITIONER(S): --------------- MATHEW SEBASTIAN, UNITED TRADING COMPANY, KOZHENCHERRY. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. ASST.COMMISSIONER (AA), COMMERCIAL TAXES, PATHANAMTHITTA. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM, THIRUVALLA. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA. 4. KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. C.K GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.3847 of 2010 -------------------------- Dated this the 5th February, 2010 J U D G M E N T Challenging the impugned assessment orders passed by the 2nd respondent in respect of different years 2005-06, 2006-07 and 2007-08, the petitioner has preferred Exts.P3, P5 and P7 appeals along with Exts.P4, P6 and P8 petitions for stay, which are stated as pending consideration before the 4th respondent. 2. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, Ext.P9 notice has been issued under the Kerala Revenue Recovery Act, which is under challenge in this writ petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 4th respondent is directed to consider and pass appropriate orders on Exts.P4, P6 and P8 petitions for stay, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of W.P (C) No.3847 of 2010 2 this judgment. However, it is made clear that till appropriate orders are passed on Exts. P4, P6 and P8, all further coercive proceedings pursuant to Ext.P9 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.3847 of 2010 3 W.P (C) No.3847 of 2010 4