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. 11085 of 2010(I) -------------------------------------- PETITIONER(S): ---------------------- K. GANESHAN, S/O.KUNHIRAMA PODUWAL SREE GANESH TIMBER AND TILES, ANNUR PO, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE, SRI.M.M.ANTO. RESPONDENT(S): -------------------------- 1. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOZHIKODE. 2. THE INTELLIGENCE OFFICER DEPARTMENT OF COMMERCIAL TAXES THALASSERY. 3. THE COMMERCIAL TAX OFFICER PAYYANNUR, KANNUR. R1 TO R3 BY GOVT. 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.11085 of 2010-I ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T Challenging Ext.P2 order imposing penalty, the petitioner has approached the appellate authority by filing Ext.P5 appeal, along with Ext.P6 petition for stay, which are pending consideration before the second 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, as borne by Ext.P7, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Ext.P6 petition for stay, in accordance with law, as expeditiously 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 Ext.P6 petition for stay, all further proceedings pursuant to Ext.P7 shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab