IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19416 of 2009(V) -------------------------- PETITIONER: --------------- M/S.SANCE LABORATERIES, KOZHUVANAL, PALA REPRESENTED BY IT'S MANAGING DIRECTOR M.R.MANOJ JOSEPH. BY ADV. MS. LATHA K. RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. COMMERCIAL TAX OFFICER (AA), OFFICE OF THE DEPUTY COMMISSIONER (AA),COMMERCIAL TAXES, KOTTAYAM. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 19416 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th day of July, 2009 JUDGMENT Challenging Exts.P1 assessment order in respect of the assessment year 2007 - 2008 and also Ext. P1 (a) order imposing penalty upon the petitioner, they have already approached the second respondent by filing Ext.P2 and Ext.P2 (a) appeals, along with Ext.P5 and Ext.P5 (a) petitions for stay. The case of the petitioner is that, even though Ext.P3 notice of hearing was issued intimating the date of hearing as 20th June, 2009, no orders have been passed by the second respondent on the petition for stay and it is without any regard to the pendency of the above proceedings that the 3rd respondent is proceeding with the coercive steps, as evident from Exts.P4 and P4 (a), which hence is sought to be intercepted in the present Writ Petition. 2. Heard the learned Government Pleader as well. Considering the facts and figures, the second respondent is hereby directed to consider and pass appropriate orders on Exts.P2 and P2(a) appeals and Exts. P5 and P5(a) petitions for stay in accordance with law, as expeditiously as possible. However, it is made clear that till appropriate orders are passed on Exts.P5 and P5 (a) petitions for stay, all further coercive proceedings pursuant to WP (C) No. 19416 of 2009 : 2 : Exts.P4 and P4 (a) stated as being pursued against the petitioner, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd