IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 10063 of 2010(G) ---------------------------------------- PETITIONER(S): ----------------------- M. KRISHNADAS, PROPRIETOR, BABAS HITECH MEDI PLASTICS, MAIN ROAD, CHOONDAL, KANIPAYYOOR, KUNNAMKULAM. BY ADV. SMT.S.K.DEVI MR.SANTHOSH.P.ABRAHAM RESPONDENT(S): -------------------------- 1. THE COMMERCIAL TAX OFFICER, DEPT.OF COMMERCIAL TAXES, KUNNAMKULAM. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASST.COMMISSIONER DEPT.OF COMMERCIAL TAXES, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER MR.SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No. 10063 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of March, 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T Challenging Ext.P1 assessment order in respect of the financial year 2008-09, the petitioner has preferred Ext.P3 appeal, along with Ext.P4 petition for stay. The grievance of the petitioner is that, without any regard to the pendency of the above proceedings, Ext.P5 demand notice has been issued under the RR Act which is sought to be intercepted in this writ petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 2nd respondent is directed to consider and pass appropriate order on Ext.P4 petition for stay, in accordance with law, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this Judgment. It is made clear that, till such orders are passed on the interlocutory W.P.(C).No. 10063 of 2010 2 application for stay, all further recovery proceedings pursuant to ExtP5, shall be kept in abeyance. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON JUDGE nl