IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2842 of 2010(E) ------------------------- PETITIONER(S): --------------- M/S.ESSESS AUTHOMOBILES, MAIN ROAD, CHALAKUDY, REPRESENTED BY ITS MANAGING PARTHER SRI.K.K. ALIAS. BY ADV. SRI.ANIL D. NAIR SRI.NIVEDITA A KAMATH RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER, CHALAKUDY. 2. THE DEPUTY COMMISSIONR (APPEALS), ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONR, COMMERCIAL TAXES, IRINJALAKUDA. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES),SECRETARIAT, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 2842 of 2010 --------------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T Ext.P1 assessment order passed by the 1st respondent in respect of the assessment year 2006-07 is stated as under challenge in Ext.P2 appeal preferred before the 2nd respondent. While so, the 3rd respondent has issued Ext.P5 notice under the Kerala Revenue Recovery Act seeking to realize the amount allegedly due from the petitioner, which is under challenge in this Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 2nd respondent is directed to consider and pass appropriate orders on Ext.P4 petition for stay. It is made clear that till such appropriate orders are passed on Ext.P4, all further proceedings stated as being pursued against the petitioner shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc