IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 W.P(C).No. 8180 of 2008 (W) ------------------------ PETITIONER: ---------- M/S WHIRLPOOL OF INDIA LTD., M.G.ROAD, RAVIPURAM JN., KOCHI REPRESENTED BY IT'S BRANCH COMMERCIAL MANAGER MR. SUHEER P. NAIR. BY ADV. SMT.K.LATHA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER [APPEALS],. COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX, KAKKANAD. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 8180 OF 2008 W = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 J U D G M E N T In this writ petition the challenge is against Ext. p1 assessment order. Against this assessment order, petitioner has filed Ext. p2 appeal and during the pendency of the appeal revenue recovery proceedings have been initiated by Ext. P3. It is in this background the writ petition has been filed. 2. Now that the petitioner has already invoked the statutory remedy of appeal which is pending consideration of the 2nd respondent, I dispose of this writ petition directing that the 2nd respondent shall consider and pass orders on Ext. P2 appeal with notice to the petitioner, This the 2nd respondent shall do as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. 3. It is directed that in the meanwhile further proceedings pursuant to Ext. P3 will stand stayed on condition that the petitioner W.P.(C) No. 8180 OF 2008 - 2 - remits Rs. 50 lakhs within 10 days from today. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-