IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20553 of 2009(L) -------------------------- PETITIONER: --------------- M/S AUGUSTINE TEXTILE COLOURS LTD., MALAMPUZHA ROAD, KANJIKODE WEST, PALAKKAD, REPRESENTED BY ITS DEPUTY GENERAL MANAGER (HR & ADMN.) P.M. JIJO BY ADV. MR. N.MURALEEDHARAN NAIR MR. T.G.ABHILASH RESPONDENTS: --------------- 1. COMMERCIAL TAX OFFICER (AA) 2nd CIRCLE, PALAKKAD 2. DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM 3. KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, PALAKKAD 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD BY GOVERNMENT PLEADER MR. C. K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 20553 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of July, 2009 JUDGMENT Challenging Exts. P1 to P4 assessment orders in respect of the assessment years 2005 - '06 to 2008 - '09, the petitioner had approached the second respondent by filing statutory appeal, wherein interference was declined as per Ext.P5. Met with the said circumstances, the petitioner filed second appeal before the 3rd respondent Tribunal as borne by Exts.P6 to Ext.P9 accompanied by Exts.P10 to P13 petitions for stay. The grievance of the petitioner is that, it is without any regard to the pendency of the proceedings as above, that the respondents are proceeding with the coercive steps under the Kerala Revenue Recovery Act, as evident from Exts.P14 to to P17, which in turn is sought to be intercepted in the present Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the third respondent is directed to consider and pass appropriate orders on Exts. P6 to P9 appeals as well as on Exts.P10 to P13 petitions for stay in accordance with law, as expeditiously as possible. However, it is made clear that till appropriate orders are passed on Exts. P10 to P13 petitions for stay, all further coercive proceedings, stated as being pursued against the WP (C) No. 20553 of 2009 : 2 : petitioner under the Kerala Revenue Recovery Act, shall be kept in abeyance. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd