IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11059 of 2010(F) --------------------------------------- PETITIONER(S): ----------------------- A.V. FAREEDA, W/O. P.N. ALIKOYA AGED 40 YEARS, RESIDING AT BABITHA HOUSE P.O.THIRUVANNOOR, CALICUT-29 KOZHIKODE DISTRICT. BY ADV. MR.P.K.RAMKUMAR, SMT.ANITHA RAMKUMAR. RESPONDENT(S): ------------------------- 1. SALES TAX OFFICER (RECOVERY) OFFICE OF THE DEPUTY COMMISSIONER COMMERCIAL TAXES DEPARTMENT, CALICUT- 6, KOZHIKODE DISTRICT. 2. THE ASSISTANT COMMISSIONER, SPECIAL 1 COMMERCIAL TAXES DEPARTMENT, CALICUT- 6, KOZHIKODE DISTRICT. 3. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES DEPARTMENT, CALICUT- 6, KOZHIKODE DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 11059 of 2010-F ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T Being aggrieved of the assessment order dated 24.2.2010 passed by the second respondent in respect of the assessment year 2005-06 under the C.S.T Act, the petitioner has preferred the statutory appeal along with interlocutory application for stay, and they are stated as pending consideration before the third respondent. 2. The grievance of the petitioner is that, without any regard to the pendency of the said proceedings, the respondents have 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 third respondent is directed to consider and pass appropriate orders on the interlocutory application for stay, preferred by the petitioner along with Ext.P4 appeal, in accordance with law, as expeditiously W.P(C) No. 11059 of 2010-F 2 as possible, at any rate with in one month from the date of receipt of a copy of this judgment. It is made clear that till appropriate orders are passed on the interlocutory application for stay, all further proceedings pursuant to Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab