IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4036 of 2008(E) ------------------------- PETITIONER: ------------ KUNHAMMAD MOULAVI, PROPRIETOR, M/S.POYIL WOOD INDUSTRIES, MEMUNDA, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER (AA), O/O.DEPUTY COMMISSIONER (AA), COMMERCIAL TAXES, KOZHIKODE. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 3. THE SALES TAX OFFICER (ENQUIRY), O/O.DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOZHIKODE. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 4036 of 2008 ------------------------------------- Dated: February 4, 2008 JUDGMENT Aggrieved by Ext.P1 order of assessment, the petitioner has filed Ext.P2 appeal along with Ext.P3 stay petition. It is submitted by the petitioner that the appeal and the stay petition are pending consideration of the 2nd respondent along with Ext.P4 application for condonation of delay. While orders are awaited on the interlocutory applications, revenue recovery proceedings have been initiated against the petitioner by Ext.P5. Hence this writ petition. 2. In view of the pendency of Ext.P4 application for condonation of delay and Ext.P3 application for stay of further proceedings pursuant to Ext.P1, I direct that the 2nd respondent shall take up and pass orders on Ext.P4 application for condonation of delay as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. If the decision of the 2nd respondent is to condone the delay as prayed for in Ext.P4, the 2nd respondent shall also take up and consider Ext.P3 WP(C) 4036/08 Page numbers application for stay. This shall also be done within the aforesaid period of four weeks. In the meantime, all further proceedings pursuant to Ext.P5 will stand deferred for a period of six weeks from today. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-