IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24934 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. MUHAMMAD MUSTAFA, S/O.KUNJAPPA HAJI, AGED 70 YEARS, FORMER PARTNER, WESTERN JEWELLERY, MANNARCAUD, PALAKKAD DISTRICT, RESIDING AT MADALA HOUSE, ELAMKULAM, PERINTHALMANNA. 2. ALI ANWAR, S/O.UMER HAJI, AGED 40 YEARS, FORMER PARTNER, WESTERN JEWELLERY, MANNARCAUD, PALAKKAD DISTRICT, RESIDING AT MADALA HOUSE, ELAMKULAM, PERINTHALMANNA. 3. RASHEED, S/O.IBRAHIM, AGED 48 YEARS, FORMER PARTNER, WESTERN JEWELLERY, MANNARCAUD, PALAKKAD DISTRICT, RESIDING AT MADASSERY HOUSE, ANAMANGADU P.O., PERINTHALMANNA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.K.S.SALEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER (APPEALS), OFFICE OF THE DEPUTY COMMISSIONER OF SALES TAX, ERNAKULAM. 3. THE COMMERCIAL TAX OFFICER, MANNARCAUD, PALAKKAD DISTRICT. 4. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, PERINTHALMANNA. 5. THE VILLAGE OFFICER, ELAMKULAM, PERINTHALMANNA. 6. THE VILLAGE OFFICER, ANAMANGADU, PERINTHALMANNA. GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 24934 OF 2009 ----------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T Challenging Ext.P1 assessment order passed for the year 2008-09, the petitioner has preferred Ext.P2 memorandum of appeal, along with petition for stay. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the concerned respondents have resorted to the coercive steps for realisation of the amount allegedly due from the petitioner, as borne by Ext.P3 and P4 which are sought to be intercepted by filing the present Writ Petition. 2. Heard the learned Government Pleader as well. 3. In the above facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P2 appeal and the I.A. for stay in accordance with law, as expeditiously as possible. However, it is made clear that, till such orders are passed on the I.A. for stay, all further coercive proceedings pursuant to Ext.P3 and P4 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc