IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 1505 of 2010(K) --------------------------------------- PETITIONER(S): ------------------------ M/S.UNITY COMBINES, ROYAL PLAZA, ALUVA, REPRESENTED BY ITS PARTNER V.H.THAHA. BY ADVS. SMT.S.K.DEVI, MR.M.RAJ MOHAN. RESPONDENT(S): --------------------------- 1. THE INTELLIGENCE OFFICER (IB), O/O. THE DEPUTY COMMISSIONER (INT), DEPT. OF COMMERCIAL TAXES, ERNAKULAM AT EDAPPALLY. 2. THE DEPUTY COMMISSIONER (APPEALS), DEPT. OF COMMERCIAL TAXES, ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 1505 of 2010-K ------------------------------ Dated this the 18th day of January, 2010. J U D G M E N T Challenging Ext.P1 penalty order passed by the first respondent, the petitioner has filed Ext.P2 appeal, along with Ext.P3 petition to condone the delay in filing the appeal and also Ext.P4 petition for stay, which are pending before the second respondent. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the machinery under the Kerala Revenue Recovery Act has been set in motion, which is sought to be intercepted. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P2 appeal in accordance with law, as expeditiously as possible. It is made clear that till appropriate orders are passed thereon, all further proceedings pursuant to Ext.P1 shall be kept in abeyance. The Writ Petition is disposed of accordingly. Sd/- ab P.R.RAMACHANDRA MENON, JUDGE //True Copy//