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. 3875 of 2010(H) ------------------------- PETITIONER(S): --------------- M/S.SAJ BATTERIES PVT.LTD., 18/1490, KALLUTHAN KADAVU, PUTHIYARA, KOZHIKODE, REPRESENTED BY ITS MANAGING DIRECTOR K.V.JOSEPH. BY ADV. SRI.SHYAM PADMAN SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- 1. SALES TAX OFFICER (RECOVERY), O/O.DEPUTY COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, KOZHIKODE. 2. THE COMMERCIAL TAX OFFICER, CIRCLE III, KOZHIKODE. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 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.3875 of 2010 -------------------------- Dated this the 5th February, 2010 J U D G M E N T Challenging Ext.P6 order passed by the 2nd respondent, the petitioner has already moved the appellate authority, the 3rd respondent by filing Ext.P7 appeal along with Ext.P8 petition for stay and also Ext.P9 petition for early hearing. 2. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, Ext.P10 demand notice has been issued by the 1st respondent, which is under challenge in this writ petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 3rd respondent is directed to consider and pass appropriate orders on Ext.P8 petition for stay, in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. However, it is made W.P (C) No.3875 of 2010 2 clear that till appropriate orders are passed on Ext.P8 petition for stay, all further coercive proceedings pursuant to Ext.P10 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.3875 of 2010 3 W.P (C) No.3875 of 2010 4