IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27656 of 2008(P) -------------------------- PETITIONER: ------------ E.K. SABU, SUBIN TRADERS, CUMBUMMETTU, EDATHUPARAMBIL HOUSE, KOLLAMPATTADA, KUMALI VILLAGE, PERUMEDU TALUK. BY ADV. SMT.E.V.MOLY RESPONDENTS: ------------- 1. DY. TAHSILDAR (RR), PEERUMEDU, KUMALI. 2. DY. TAHSILDAR (RR), UDUMBANCHOLA TALUK, KARUNAPURAM VILLAGE. 3. ANNAMMA PAPPACHAN, VETTICKAL (H), CUMBENMMETTU, KARUNAPURAM, KARUNAPURAM VILLAGE, UDUMBANHOLA TALUK. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 27656 OF 2008 P -------------------------------------- Dated this the 19th September, 2008 JUDGMENT Petitioner has approached this Court seeking for a writ of mandamus directing respondents 1 and 2 from initiating any further proceedings pursuant to Ext.P4 pending decision in Ext.P3 Appeal and also seeking stay of all further proceedings pursuant to Ext.P4 notice. Petitioner has also prayed to allow him to remit the balance amount due after giving credit to the payments, in reasonable instalments. 2. I heard the learned counsel appearing for the petitioner and the learned Government Pleader. There is an assessment against the petitioner. According to petitioner, he has preferred an Appeal and in the meantime, recovery proceedings have been initiated. Learned Government Pleader on instructions, submits that actually the Appeal which has been filed, is defective and the petitioner has been put on notice about the defect. It is also stated that the admitted tax has not been paid and the petitioner WPC. 27656/08 P 2 has also not moved stay petition. Counsel for petitioner submits that the petitioner will cure the defects and seek appropriate orders in the Appeal. In order to facilitate the petitioner to seek appropriate orders in the Appeal, it is ordered that the recovery proceedings pursuant to Ext.P4 will stand adjourned by a period of three weeks from today. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge