IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 13073 of 2009(D) -------------------------- PETITIONER: --------------- M/S.DAMODAR CAHSEW CO., AMBALATHARA ,PULLOOR P.O., KANHANGAD, KASARAGOD DISTRICT, REPRESENTED BY YOGESH PRABHU, MANAGING PARTNER. BY ADV. MR.ARIKKAT VIJAYAN MENON MR.HARISANKAR V. MENON MS.MEERA V.MENON RESPONDENTS: --------------- 1. ASST.COMMISSIONER (KVAT) COMMERCIAL TAXES SPECIAL CIRCLE, KASARGOD. 2. KERALA SALES TAX APPELLATE TRIBUNAL ADDL.BENCH, CHEROOTTY ROAD,KOZHIKODE, REPRESENTED BY ITS ASST.SECRETARY. 3. INSPECTING ASST. COMMISSIONER DEPARTMENT OF COMMERCIAL TAXES, KASARAGOD. SR. GOVERNMENT PLEADER MR. MOHAMMED RAFIQ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------------- W.P.(C).No.13073 of 2009 - D --------------------------------- Dated this the 5th day of May, 2009 J U D G M E N T 1. Against Exts.P1 to P8 assessment orders for the year 2001-02 to 2004-05 which is confirmed by the first appellate authority in Exts.P9 and P10 orders, second appeals filed as per Exts.P11 to P8 are pending disposal before the 2nd respondent - Tribunal. Petitioner had also filed Exts.P19 to P26 stay petitions. The grievance of the petitioner is that proceedings for recovery of the amounts covered under impugned assessments has now been initiated through Ext.P27 notice. 2. I am not proposing to go into the merits of the assessments in this writ petition for the purpose of granting stay. The 2nd respondent - Tribunal is directed to consider and dispose of Exts.P19 to P29 stay petitions at the earliest, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. The proceedings for W.P.(C).No.13073 of 2009 - D 2 realisation of the amounts covered under the impugned assessments initiated pursuant to Ext.P27 notice is directed to be kept in abeyance till orders are passed by the 2nd respondent - Tribunal, on the stay petitions. The writ petition is disposed of accordingly. C.K.ABDUL REHIM, JUDGE. bkn/-