IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10569 of 2010(U) ---------------------------------------- PETITIONER(S): ----------------------- P. KUNHALASSAN @ KUNHIPPA, S/O.MOIDU, 48 YEARS,PROPRIETOR, KUNHIPPA CHICKEN STALL, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENT(S): -------------------------- 1. ASST.COMMISSIONER (KVAT), SPECIAL CIRCLE, DEPARTMENT OF COMMERCIAL TAXES, MALAPPURAM. 2. DY.COMMISSIONER (APPEALS), OFFICE OF THE COMMISSIIONER OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, MANJERI. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No. 10569 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of March, 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T Being aggrieved of the order imposing penalty, the petitioner has preferred Ext.P2 appeal along with Ext.P3 petition for stay, also accompanied by Ext.P4 petition for early hearing. The petitioner is aggrieved of the coercive steps being pursued by the 1st respondent, without any regard to the above proceedings, 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.P3 stay petition, in accordance with law, as expeditiously as possible, at any rate within 'one month' from the date of receipt of a copy of this Judgment. It is made W.P.(C).No. 10569 of 2010 2 clear that, till such orders are passed in the I.A. for stay, the coercive proceedings stated as being pursued against the petitioner, shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON JUDGE nl W.P.(C).No. 10569 of 2010 3