IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4789 of 2010(W) ------------------------- PETITIONER: --------------- K.GIREESHAN, S/O.IMBICHIKUTTY, CONTRACTOR, OLAVANNA, KOZHIKODE. BY ADV. SRI.R.RAMADAS RESPONDENTS: --------------- 1. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 3. THE COMMERCIAL TAX OFFICER-1, WORKS CONTRACT, OFFICE OF THE DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 4. THE SALES TAX OFFICER (RECOVERY) OFFICE OF THE DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 4789 OF 2010 ......................................................................... Dated this the 15th February , 2010 J U D G M E N T Challenging Ext.P1Assessment order for the year 2005-06, the petitioner has preferred Ext.P2 appeal along with Ext.P3 petition for stay, which are stated as pending consideration before the second respondent. The grievance of the petitioner is that it is without any regard to the pendency of the above proceedings that Ext.P4 recovery notice has been issued by the 4th respondent under the Revenue Recovery Act, which hence is sought to be intercepted in this Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, as expeditiously as possible , at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that till such orders are passed on W.P.(C)No. 4789 OF 2010 2 Ext.P3 petition for stay all further proceedings pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk