IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 17047 of 2010(E) -------------------------- PETITIONER(S): --------------- MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA.P.O,KOTTAYAM DISTRICT,REPRESENTED BY ITS MANAGER K.A.ABDUL KARIM. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER(WORKS CONTRACT), KOTTAYAM. 2. DY.COMMISSIONER,KOTTAYAM. 3. THE DY.TAHSILDAR(RR)CHANGANACHERRY, KOTTAYAM DISTRICT. SENIOR GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 17047 OF 2010 -------------------------------------------- Dated this the 2nd day of June, 2010 JUDGMENT The proceedings filed by the petitioner challenging the penalty imposed did not turn to be fruitful; under which circumstance, the petitioner chose to have the benefit of 'Amnesty Scheme'. This was rejected by the first respondent as per Ext.P7; against which the petitioner has preferred Ext.P8 Revision and it is pending before the 2nd respondent. The petitioner has approached this Court challenging the coercive proceedings being pursued by the 3rd respondent seeking to enforce Ext.P10 demand notice issued under the Kerala Revenue Recovery Act, for recovery of the balance amount as per Ext.P5, without any regard to the pendency of the above proceedings before the 2nd respondent. 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.P8 Revision Petition in accordance with law, after hearing the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. It is made clear that all further coercive proceedings pursuant to Ext.P10 shall be kept in abeyance till such time; on condition that the petitioner deposits a sum of Rs.50,000/- within two 2 WP(C) No. 17047/2010 weeks. The deposit of the said amount will be strictly provisional and subject to the outcome of the orders to be passed by the 2nd respondent in Ext.P8. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc