IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15712 of 2010(L) -------------------------- PETITIONER(S): --------------- P.K.ABDUL MAJEED, PROPRIETOR OF M/S. FEROKE IRON TRADERS, CHERUVANNUR, KOZHIKODE. BY ADV. SRI.N.K.SANATH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMERCIAL TAX OFFICER, 3RD CIRCLE, DEPT. OF COMMERCIAL TAXES, KOZHIKODE. 3. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 4. SALES TAX APPELLATE TRIBUNAL, ERNAKULAM. 5. SALES TAX OFFICER (RECOVERY), O/O DY. COMMISSIONER, COMMERCIAL TAXES DEPT., KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 15712 OF 2010 -------------------------------------------- Dated this the 21st day of May, 2010 JUDGMENT Challenging Ext.P1 assessment order passed by the assessing authority, eventhough the petitioner had approached the 3rd respondent by filing an appeal, it did not turn to be fruitful and the appeal was dismissed as borne by Ext.P3. In the said circumstance, the petitioner has preferred Ext.P4 second appeal before the 4th respondent, along with Ext.P5 petition for stay. The petitioner is stated as constrained to this Court because of the coercive steps being pursued in the meanwhile, as borne by Ext.P6 notice issued under the Kerala Revenue Recovery Act. 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.P5 I.A. for stay in accordance with law, as expeditiously as possible, at any rate, within ‘six’ weeks from the date of receipt of a copy of this judgment. Till such orders are passed on Ext.P5, all further coercive proceedings pursuant to Ext.P6 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc