IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 8651 of 2011(F) ------------------------- PETITIONER(S): --------------- MARIKAR ENGINEERS PVT. LTD., MARIKAR BUILDING, M.G.ROAD, THIRUVANANTHAPURAM. R REPRESENTED BY ITS MANAGER-LEGAL J SURESH BABU. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.SREEJITH V.S. SRI.K.SUNIL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. ASSISTANT COMMISSIONER-III, SPECIAL CIRCLE KVAT,THIRUVANANTHAPURAM-35. 3. INSPECTING ASSISTANT COMMISSIONER & AUTHORISED OFFICER UNDER REVENUE RECOVERY ACT, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 4. THE COMMERCIAL TAX OFFICER, III CIRCLE KVAT, THIRUVANANTHAPURAM-35. BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8651 OF 2011(F) -------------------------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T Aggrieved by Exts.P3 appellate order passed by the Deputy Commissioner(Appeals) the petitioner has filed Exts.P4 appeal before the Appellate Tribunal. Along with the appeal, the petitioner has also filed Exts.P6 stay petition. While the matter is thus pending, Ext.P5 demand notice has been issued and that lead the petitioner to file this writ petition. 2. As at present in view of the pendency of the appeal and the stay petition I feel that the recovery proceedings should be kept in abeyance until the stay petition is considered. Therefore I direct that the Appellate Tribunal before which Exts.P6 stay petition is pending, shall consider and pass orders on the stay petition with notice to the petitioner. This shall be done at any rate within 6 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. In the meanwhile further proceedings pursuant to Ext.P5 will be kept in abeyance. Writ petition is disposed of as above. (ANTONY DOMINIC) WPC.No. /09 :2 : JUDGE vi/