IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23794 of 2009(T) ------------------------------------- PETITIONER(S): --------------------- T.K. ALIKUTTY, S/O. THONIKKADAVATH MOHAMMED HAJI, AGED 49 YEARS, THONIKADAVATH HOUSE, P.O. ATHAVANAD, TIRUR TALUK, MALAPPURAM DIST ,PIN-676 310 BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------ 1. THE DEPUTY COMMISSIONER (APPEALS) DEPARTMENT OF SALES TAX, ERNAKULAM. 2. THE INTELLIGENCE OFFICER, SQUAD NO. VIII, COMMISSIONER TAXES, PALAKKAD. 3. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), TALUK OFFICE, OTTAPALAM. GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON.J ---------------------------------------------- W.P(C) NO.23794 OF 2009 -------------------------------- Dated this the 19th day of August, 2009. J U D G M E N T Aggrieved by Ext.P1 order imposing penalty upon the petitioner, the said order passed by the second respondent has been subjected to challenge by filing Ext.P3 appeal and Ext.P3(a) petition for stay, before the first respondent. Notwithstanding the pendency of the said proceedings, the third respondent has issued Ext.P2 notice, invoking the provisions of the Kerala Revenue Recovery Act, which hence is sought to be challenged in this present Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the first respondent is directed to consider and pass appropriate orders on the memorandum of appeal and the petition for stay in accordance with law, as expeditiously as possible. It is made clear that, till each orders are passed on Ext.P3(a) petition for stay, all further proceedings pursuant to Ext.P2 notice shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON,JUDGE pm