IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 7505 of 2011(K) ------------------------- PETITIONER: -------------- M/S.TRIVANDRUM CLUB, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010, REPRESENTED BY JACOB VARGHESE, HON.SECRETARY. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENTS: ----------------- 1. THE INTELLIGENCE OFFICER (IB), COMMERCIAL TAXES, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT SECRETARY, KERALA SALES TAX APPELLATE TRIBUNAL, THIRUVANANTHAPURAM-695001. 3. THE COMMERCIAL TAX OFFICER, LUXURY TAXES, THIRUVANANTHAPURAM-695001. 4. THE MANAGER, INDIAN OVERSEAS BANK, GANDHI NAGAR BRANCH, THIRUVANANTHAPURAM-695102. R1 TO R3 BY BY SENIOR GOVERNMENT PLEADER, SRI.C.K. GOVINDAN R4 BY ADV. SRI. P.B. SURESH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No.7505 of 2011 ---------------------------------------------- Dated this the 10th day of March, 2011 JUDGMENT By challenging Exhibits P1 and P2 orders imposing penalty in respect of the assessment years 2005-06 and 2006-07, interference was declined as per Exhibit P3 common appellate order, whereupon the petitioner has preferred further appeals as evidenced by Exhibits P4 and P5 along with Exhibits P4(a) and P5(a) petitions for stay, which are pending consideration before the second respondent. The petitioner is stated to have been aggrieved by Exhibit P6 revenue recovery notice issued by the fourth respondent in the meanwhile, which is under challenge in this Writ Petition. 2. Heard learned Government Pleader as well. 3. In the above circumstances, the second respondent is directed to consider and pass appropriate orders on Exhibits P4(a) and P5(a) petitions for stay in accordance with law 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 orders are passed on Exhibits P4(a) WP(C) No.7505/11 - 2 - and P5(a) petitions for stay as aforesaid, all coercive steps, if any, taken against the petitioner pursuant to Exhibit P6 shall be kept in abeyance till such time. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE vgs