IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5637 of 2010(D) ------------------------------------ PETITIONER(S): ------------------------ V.J.BAIJU, VADASSERY RUBBERS, NEMMARA, PALAKKAD DISTRICT. BY ADVS. MR.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): ------------------------ 1. COMMERCIAL TAX OFFICER, CHITTUR, PALAKKAD DISTRICT. 2. DEPUTY COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, CHITTUR, PALAKKAD DISTRICT. BY GOVT. PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.5637 of 2010-D ---------------------------- Dated this the 22nd day of February, 2010. J U D G M E N T Challenging Ext.P1 assessment order passed by the first respondent, the petitioner has filed Ext.P2 appeal, along with Ext.P3 petition to condone the delay in filing the appeal and also Ext.P4 petition for stay. 2. The grievance of the petitioner is that, without any regard to the pendency of the said proceedings, the third respondent has initiated recovery proceedings invoking the provisions under the Revenue Recovery Act, as borne by Ext.P5, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Exts.P3 and P4 in accordance with law, as expeditiously as possible. It is made clear that till appropriate orders are passed on Exts.P3 petition to condone the delay and P4 petition for stay, all further proceedings pursuant to Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab